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(영문) 광주지방법원 2020.10.13 2019가단509569
소유권이전등기말소 등
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a clan naturally created with the aim of gathering and managing the tombe of a joint ancestor with the view to gathering the deceased and promoting mutual friendship among descendants by setting the 32-year-old descendants of Korea's New Airport E as a joint ancestor.

B. On April 12, 1996, the Plaintiff registered Defendant B as the representative and registered as an unincorporated association.

C. The Plaintiff completed the registration of ownership transfer on December 28, 1938 with respect to the first real estate of this case among the real estate listed in the separate sheet (hereinafter “each real estate of this case”) due to the sale and purchase on December 22, 1938, and on September 13, 1939 with respect to the second real estate of this case among the real estate listed in the separate sheet (hereinafter “each real estate listed in the separate sheet”).

The registration of ownership transfer in the name of Defendant C was completed as of November 26, 2004 on the ground of the sale as of November 25, 2004, as of the first real estate of this case, the Gwangju District Court Naju District Court Naju Registry No. 27636, Nov. 26, 2004. The registration of ownership transfer in the name of Defendant C was completed as of February 6, 2009 on the ground of the sale as of February 6, 2009. As to the second real estate of this case as of January 30, 2009, the registration of ownership transfer in the name of Defendant C was completed as of February 4, 2009 as of the second real estate of this case as of February 4, 2009.

(hereinafter the above sales contract as of November 25, 2004 and the sales contract as of January 30, 2009 are "each of the instant sales contract", and each of the above registrations of transfer of ownership is "each of the instant transfer of ownership". E.

As to each of the instant real estates, Defendant D’s association completed the registration of establishment of a neighboring mortgage, each of which was comprised of KRW 65 million with the maximum debt amount, KRW 65 million with respect to each of the instant real estates, and KRW 20720 with respect to the registration of creation of a superficies as of July 15, 2014, received on July 15, 2014; KRW 169 million with respect to the maximum debt amount received on September 18, 2015; and KRW 169 million with respect to the obligor C with respect to each of the instant real estates.

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