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(영문) 대구지방법원 2016.03.08 2015가단113443

소유권이전등기

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1. The Defendants’ shares in inheritance by each Defendant indicated in the attached Form of Inheritance Shares among the 58 square meters of the 58 square meters of the Daegu-gu K prior to the Plaintiff.

Reasons

1. The facts of recognition [1] The Plaintiff is the nominal owner of 58/93 shares and 35/93 shares of the deceased L, both of which are 58/93 shares and 58/93 shares before Daegu-gu K (hereinafter “the instant real estate”).

The Plaintiff is a person who owns 58/93 shares and 35/93 shares in Daegu Dong-gu, Daegu-gu, which is adjacent to the instant real property, and the deceased L is a person who owns 35/93 shares.

[2] Meanwhile, the Plaintiff owned the Daegu Dong-gu N10 square meters and above ground buildings adjacent to the instant real estate.

The deceased owns a building of 238 square meters and above-ground buildings located adjacent to the above-gu Daegu Dong-gu N10 square meters and above-ground buildings, and Defendant C alone owns the building by agreement on the division of inherited property.

[3] The location of each of the above real estate is as stated in a certified copy of the cadastral map.

The Plaintiff occupies and uses the entire site and buildings as well as the instant real estate, and Defendant C occupies and uses each of the aforementioned O sites and buildings, and the aforementioned M real estate.

[4] L, upon the death of October 7, 2005, succeeded to each property of the wife P, children B, C, D, E, and F.

On September 3, 2014, Defendant G, H, I, and J inherited each of their properties, who died on September 3, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, respectively. 2. The above facts of the judgment are as follows. The plaintiff can be acknowledged that the whole real estate of this case, the defendant C independently occupies and uses the whole M real estate of this case, and only the ownership of each real estate of this case shall be recognized that the plaintiff has registered 58/93 shares and 35/93 shares of the deceased L. Thus, it can be recognized that the mutual title trust relationship between the plaintiff and the defendants has been established.

However, the Plaintiff served with the Defendants a copy of the complaint containing a declaration of intent to terminate a mutual title trust with respect to the instant real estate, so the Defendants are obligated to implement the registration procedure for transfer of ownership based on the cancellation of mutual title trust with respect to the shares inherited from each deceased L among the instant real estate.