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(영문) 울산지방법원 2018.08.24 2017가단65656
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion is a clan that is composed of adult descendants by setting up G, FC27 years old, which is a FC27 grandchildren, and the land indicated on the attached real estate (hereinafter “instant land”) was originally owned by the Plaintiff, but was under the H’s name pursuant to the title trust agreement between the Plaintiff and H in the past.

The land of this case has a G grave, and the plaintiff has been removed from the grave every year while managing the said grave.

Therefore, the Plaintiff terminated the title trust agreement concluded between H and the service of the instant complaint. As such, the Defendants, the inheritor of H, are obligated to transfer the ownership of the instant land to the Plaintiff.

B. Determination 1) In order to recognize that a piece of land is owned by a clan, and was trusted to another person under the name of the clan at the time of the situation, it can only be recognized if there are many indirect materials that can only be recognized as belonging to a clan prior to the circumstance that had a certain degree of organic organization at the time of the situation, or that there were many kinds of materials that can be recognized as belonging to the clan prior to the circumstance that the land was owned by the clans, or that it was delayed in the process or contents of the land, and it shall not be recognized if there are more materials about the opposite facts without sufficiently proving such materials (see, e.g., Supreme Court Decisions 94Da29782, Oct. 25, 1994; 96Da9560, Feb. 25, 1997; 196Da12886, Oct. 10, 197; 200, GH had been finally owned by a clan (see, e.g., Supreme Court Decision 96Da12823, G.).

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