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(영문) 수원지방법원 2018.01.24 2017가단22267
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 4, 1970, the registration of preservation of ownership was completed on the land of 14,236 square meters in Young-gu, Suwon-si, Gyeonggi-do (hereinafter “the instant land”) with 1/2 shares of the E and F as co-owners under the Act on Special Measures for the Registration of Real Estate.

B. On August 10, 1985, the Defendant made a provisional registration of the right to claim the transfer of ownership on August 19, 1985 with respect to the above E’s shares.

C. Since then, upon the death of E, on March 17, 1987, the full registration of the transfer of E’s shares was made on the ground of inheritance due to the division by agreement on March 4, 1986 in the name of Non-Party G, one of its children, in relation to E’s shares.

After that, the creditors of G have executed several recommendations and provisional seizures on the shares in the ownership of the above G, as well as the creditors of G have commenced compulsory auction by creditors.

E. After October 16, 1996, on the grounds of sale as of August 10, 1985, the provisional registration of the right to claim the transfer of ownership in the name of the defendant was completed based on the provisional registration of the right to claim the transfer of ownership in the name of the defendant.

(B) On May 28, 1997, the Plaintiff completed the provisional disposition registration of prohibition of disposal of the instant real estate by Suwon District Court 97Kadan16469, as to the instant real estate.

G. At present, the Defendant holds a registration right to the instant real estate, and pays the property tax, etc. imposed on the instant real estate.

[Ground of recognition] Facts without dispute, Gap 2, 3, Eul 1, and 2; the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion 1) The Plaintiff is a clan that made H 17th grandchildren I as a group of H 17th descendants and whose name is determined by I as a member of I. J. 2) The instant land is owned and managed by the 20th descendants, who are the descendants of I, as an unregistered clan, as an unregistered clan, and he died on July 23, 1948.

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