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(영문) 수원지방법원 성남지원 2017.03.31 2015가단220657
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

Basic Facts

1) The Intervenor of the Defendant’s assistant clan is a clan with the names of “G clan” and “C clan”, which is a common ancestor of D clan E (E and F) who is its descendants. The Plaintiff’s assistant clan is a clan with the name of “F’s grandchildren” and “C clan.” The Plaintiff’s clan constitutes a clan subordinate to the Defendant Intervenor’s assistant clan, which is a common ancestor of F’s grandchildren.

3) The name of a clan registered in the Republic of Korea in relation to the Franc is five, consisting of GJ (registration number: I), JJ (registration number): K), Linc (M), C (registration number): N, and C (Registration number): P among G, Jinc, and Linc, the name of a clan registered in order to assign a registration number for real estate registration. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by Q. The real estate (hereinafter “instant real estate”) listed in the separate sheet (hereinafter “registration registration”). Suwon District Court Decision 1068 of receipt on August 18, 1982 (No. 1068 of receipt on August 14, 1982) was registered under the name of the owner as the grounds for registration, and the name of the owner was “A in the name of the owner,” and the address of the owner was “A in the name of the owner,” and the ownership transfer registration was registered under R(hereinafter “No. 1 of the instant case”).

2) Thereafter, as to the instant real estate, Suwon-nam Agricultural Cooperative (hereinafter “Defendant Cooperative”) was registered in the name of Defendant B, whose grounds for registration was to trade the instant real estate as of August 4, 2015, from No. 30390 to Jun. 30, 2015. The registration of ownership transfer was completed under the name of the Republic of Korea District Court (hereinafter “Defendant Cooperative”) as of August 4, 2015 by receipt No. 30391 on August 4, 2015.

(2) The registration of the establishment of a divided superficies under the name of the Defendant Union (hereinafter referred to as the “registration No. 2”), which was received on August 4, 2015 by the same registry office, was completed on August 4, 2015 (hereinafter referred to as the “instant registration”).

(3) As to the registration of Article 48 of the Registration of Real Estate Act and Articles 43 and 48 of the Rules on the Registration of Real Estate, the Suwon District Court shall be supported with the documents proving the substance of a clan in accordance with Article 48 of the Registration of Real Estate Act and Articles 43 and 48 of the Registration of Real Estate Act.

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