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(영문) 수원지방법원 2019.05.30 2019가합10142
소유권이전등기
Text

1. All of the instant lawsuits are dismissed.

2. The litigation costs are assessed against C who is represented by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 20, and Eul evidence No. 6 and the purport of all pleadings.

C and the defendant will be descendants of Dmph 28 years old-old net E (E, F before life expectancy, and E).

The list of descendants of the network E is as shown in the list (attached Form 2). Among them, the remaining descendants are 41 adults (the same shall apply to the list Nos. 1. to 41., including C and the defendant).

B. On August 31, 2017, the Defendant sold the instant land at KRW 12,137,765,000, which was registered in the name of the Defendant in the name of H and four persons, to KRW 12,137,765,00.

C. C requires the Defendant to distribute the above selling price to the clan members, and around November 2017, it proposed a plan for distribution of the above selling price (the above payment shall be distributed to the descendants of the network E such as the Defendant and C, but it shall be distributed separately by recognizing the contribution to the Defendant who is a member of the clan, and the remaining persons shall be distributed equally to the others).

However, the defendant rejected this proposal.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Plaintiff trusted the instant land to the Defendant with a clan consisting of descendants of the deceased E, and the title trust on the instant land was terminated by serving a written application for modification of the purport of the instant claim and the cause of the claim.

Therefore, the Defendant is primarily liable for the Plaintiff to implement the registration procedure for ownership transfer on the ground of the termination of the title trust on the instant land as of the date of the above service, and the Defendant committed a tort to sell the instant land without the Plaintiff’s consent on August 31, 2017, and thus, the Plaintiff is obligated to pay KRW 1 billion, which is part of the damage to the extent of the sale price, and the delay damages.

B. 1) The purpose of a clan is to protect the graves of a vessel and to promote friendship between their descendants and their descendants by the descendants of a common ancestor.

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