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(영문) 광주지방법원 2014.06.12 2013가합55449
소유권말소등기
Text

1. The part concerning the request for cancellation of registration of ownership transfer shall be dismissed among the plaintiff's primary claims;

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. On April 10, 2013, the Plaintiff is a person who purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from the organization B on April 10, 2013, and the Defendant is a person who has completed the principal registration on the basis of provisional registration as to the portion of 1/4 of the instant real estate among the real estate in this case, which is composed of descendants of C.

B. The circumstances of the case (1) B is an organization established by D clans and Defendant clans for the purpose of protecting and preserving the graves and deceaseds of their families among their lives.

B In holding the instant real estate, the instant real estate under title trust with 1/4 shares each of E,F, G, and H, and completed the registration of initial/4 shares each of which was received on September 13, 1971 by the Gwangju District Court (No. 8342). He completed the registration of ownership transfer of the instant real estate under the name of J as No. 18141, Nov. 2, 1983, under title trust with the J on November 2, 1983, under title trust with the said court No. 18141, Jun. 29, 1985, under the name of J No. 17699, 1700, respectively.

(2) Accordingly, I and J completed the provisional registration of the right to claim ownership transfer on August 6, 1986 by the above court No. 10687, which was received on August 6, 1986, with respect to each one-fourths of their own names with respect to the instant real estate, and the J completed the registration of ownership transfer on August 1, 1986 with respect to each-fourths of the instant real estate under the name of J (hereinafter “the instant provisional registration”). The J completed the registration of ownership transfer on the ground of sale on August 1, 1986 by the above court No. 4067, Jan. 24, 1997 with respect to each-fourths of the instant real estate.

(3) The B organization filed a lawsuit against I, J, etc. on July 1, 1996 against Gwangju District Court 96Gahap8361, 97Gahap5031, Jun. 3, 1996 on the instant real estate, etc. and won the judgment. The judgment became final and conclusive on December 4, 1997.

B Organizations B with respect to the remaining 3/4 shares, excluding 1/4 shares in the defendant's name, among the real estate in this case on June 1, 2000.

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