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(영문) 전주지방법원 2016.10.04 2016가단8710
소유권이전등기말소
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. D completed registration of preservation of ownership in accordance with the Act on Special Measures for the Registration of Real Estate Ownership ( regardless of whether it was before or after the division and registration conversion as seen below) with respect to the forest E, forest E, 8,583 square meters of forest, F forest, and 1,541 square meters of forest (hereinafter “instant real estate”) in Jinandong-gun, Jinandong-gun, North Korea on March 31,

B. On May 22, 2003, D completed the registration of transfer of ownership on the instant real estate by reason of the termination of title trust on May 20, 2003 to the Plaintiff (hereinafter “Plaintiff clan”).

C. On January 16, 2014, the Plaintiff clan completed the registration of ownership transfer on January 14, 2014 with respect to the instant real estate (hereinafter “instant registration of ownership transfer”) to the Defendant.

Of the instant real estate, the F forest land of 1,541 square meters in Jinandong-gun, Jinandong-gun, in the instant real estate was divided into 451 square meters in F forest and 451 square meters in G forest and 1,090 square meters in G forest, and registration conversion was made in 1,054 square meters in G forest and 1,090 square meters prior to H.

[Ground of recognition] Facts without dispute, Gap evidence No. 9-1 to 3, purport of the whole pleadings

2. Determination on this safety defense

A. The first owner of the Plaintiff 1’s instant clans asserted by the parties was I, but I died in the 1950s and succeeded to D by inheritance of the funeral. D completed registration of preservation of ownership on its own name on March 31, 1995 instead of registration of inheritance.

After that, the heads of D and D established the Plaintiff’s clan, which is an organization similar to the Plaintiff’s clan that exclusively consists of adult male descendants, among the lineal descendants of I as a joint organization, and decided to donate the instant real estate to the J. The J entrusted the establishment work of the Plaintiff’s clan, except D and C. The J appointed L arbitrarily as the representative of the Plaintiff’s clan, including those who are not the descendants of I, and made the Plaintiff’s clan. On January 3, 2014, after L died, K held an extraordinary general meeting and changed the representative of the Plaintiff’s clan to K and disposed of the instant real estate to a third party.

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