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(영문) 창원지방법원 2014.05.30 2013가단31277

소유권이전등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 21, 1912, H’s 20 years of age F and 10 years of age G with a middle view of Empha (hereinafter “each of the instant lands”) was assessed on September 21, 1912.

B. On August 25, 1941, the registration of preservation of ownership was completed in the name of H J on the land of this case under the name of H J on August 25, 1941, and the registration of transfer of ownership of five co-ownership, including the defendant B, etc., who was the son of I on August 6, 201 (the registration cause of August 6, 1961) through the registration of transfer of ownership; and

8. The registration of ownership transfer (the donation on August 11, 2001, the donation on August 22, 2001) was completed in the name of Defendant B with respect to the remainder other than the ownership shares of Defendant B, and the registration of ownership transfer was completed in the name of Defendant B with respect to the entire land of this case.

C. On June 10, 2010 with respect to the land Nos. 4 in the instant case, the registration of ownership transfer (transaction on May 10, 2010) was completed in Defendant C’s name on June 10, 2010, and the registration of ownership transfer (sale on July 15, 2013) in Defendant D’s name on the land No. 5 was completed on July 29, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 2-1 to 3, Gap evidence 4-1 to 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Plaintiff, a clan member, comprised of descendants of G, who is 11 years of age of F, is registered in the name of the clan representative, and was under a title trust with H, and thereafter, he managed each of the instant land to K, who is the head of H, and completed the registration of ownership preservation in the name of title trust with K’s birth and the father of Defendant B, who is the father of the Defendant B. However, the Plaintiff’s death and the Plaintiff constitutes his property heir, and the Plaintiff terminated the title trust with the delivery of a duplicate of the complaint in this case.

3. Accordingly, Defendant B is obligated to implement the procedure for the registration of ownership transfer with respect to each of the instant lands, and Defendant C and D have purchased the sequence 4,5 of each of the instant lands by means of false representation in collusion.