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(영문) 대전고등법원 2017.07.06 2016나11712
소유권이전등기
Text

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

2. The plaintiff's selective claim added at the trial.

Reasons

1. As above, the Plaintiff requested the Defendants and “B et al. al. 12” to file a claim for the performance of the acquisition by prescription against the Defendants, but the court of first instance rejected the instant lawsuit.

Therefore, the plaintiff filed an appeal only against the defendants, and the part concerning "B and 12 others" in the judgment of the court of first instance is separated and finalized. Thus, the scope of the judgment of the court of first instance is limited to the part concerning the plaintiff's claim against the defendants

2. Summary of the plaintiff's assertion

A. The plaintiff clan was a small group of 11-year-old A whose Y, the second son X, was a group of Y, and whose 11-year-old A, which was the Z of the Joseon Dynasty, was the Jinsian and the 11-year-old A.

Plaintiff

A clan is naturally formed by gathering in the 11-year-old AB AB located at the early 9th of October each year in accordance with the practice from the Joseon Dynasty to the past, and naturally formed clans by holding a general meeting of shareholders and by a majority of the members present at the general meeting of shareholders.

Plaintiff

A clan has not provided a separate articles of association or organization from the Joseon Dynasty to the past, and has been engaged in activities centered on a literature, which is the colon, and the descendants have gathered on the AA City Day without any special convocation procedure, and has held a regular general meeting every year to manage the funeral of the ancestor, manage the property, and maintain the trial system.

B. Each real estate of this case is the ownership of the Plaintiff clan, which is owned by the Plaintiff’s clan, under title trust with the net AC, the net AD, and the net AE, all of which are the members of the Plaintiff clan.

Plaintiff

On August 21, 1971, the clan received each of the instant real estate from the deceased AC, the deceased AD, and the deceased AE, and around that time, the clan occupied each of the instant real estate autonomously and openly for more than 20 years from that time.

In addition, the Plaintiff’s clan terminated the title trust on each of the instant real estate by delivering a copy of the application for modification of the purport of the claim on May 4, 2016 to the Defendants, who are the heir of the net AE.

(c).

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