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(영문) 의정부지방법원고양지원 2020.05.21 2019가단86750

소유권이전등기

Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of the lawsuit are 67% by the Plaintiff B.

Reasons

1. Summary of the parties' arguments

A. The gist of the plaintiffs' assertion is that the plaintiff A's clan (hereinafter "the plaintiff's clan") consists of the 16-year-old G descendants of the FM as a joint group (the plaintiff's clan asserted that the 19-year-old Ha was composed of descendants from H's 19-year-old Ha as a joint group at the time of the filing of the lawsuit in this case, and the plaintiff's clan claims that the joint group was modified and claimed as mentioned above in the preparatory document on April 23, 2020) and each real estate listed in the attached real estate list (hereinafter "each real estate in this case"), and when an individual real estate is named, the actual owner of each real estate listed in the attached real estate list is the real owner.

Plaintiff

B, C, Defendant D, and E are the Plaintiff clan members, and Defendant D, and E are the owners of each real estate of this case.

The non-party I prepared each real estate of this case, and then was able to lead to the implementation of the tomb trees and wings of the ship. The non-party I donated each of the real estate of this case to the non-party deceased J, the deceased, and managed it as the pre-industrial property.

Nonparty 1’s ex post facto, Nonparty 1: (a) registered the ownership transfer of real estate in the name of himself; and (b) the said 3 and 5 real estate were managed in the form of joint ownership after completing the registration of ownership transfer in the name of Nonparty 1, 2, 4, and 6 with the implementation of the Act on Special Measures for the Registration of Real Estate.

After that, according to Defendant D and M’s request, Non-Party D and M had completed the registration of ownership transfer due to the gift of one half of each of the above two parties, the real estate of this case 1, 2, 4, and 6 under their own name. However, Non-Party D and M still continued to be in the form of joint ownership.

Upon the death of the non-party D and the non-party D's deceased, the non-party D and the non-party D's deceased will sell 1/2 shares of the non-party D's 1,2,4, and 6 real estate transferred from the non-party D's deceased on April 19, 2010 to the defendant E for KRW 10 million, and the defendant D's above 3 and 5 real estate was sold to the above 3 and 5 real estate.