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(영문) 대구지방법원포항지원 2016.07.12 2016가단460

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. On June 23, 1971, the Plaintiff held title trust by means of completing the registration of ownership preservation in the name of G referred to by the Defendant pursuant to the Act on Special Measures for the Registration of Real Estate on June 23, 1971 with respect to the 5 YY, 5 YY, 2 YY, and 7 YYY, Nam-gu, Nam-gu, Nam-gu.

In addition, on June 8, 1965, the Nam-gu H Forest 345 square meters was purchased by the Plaintiff on June 8, 1965 and completed the registration of ownership transfer in the name of the said G on July 2, 1965. On October 10, 1939, the 3-1st group 2nd unit of the I Forest 3rd unit 2nd unit of the G, which was purchased by the Plaintiff on June 18, 1970 and completed the registration of ownership transfer in the said G name on June 18, 1970, and on November 3, 1948, the 853 square meters before the Nam-guJ at Port was purchased by the Plaintiff on April 15, 194.

B. Upon the death of the above G on September 8, 1985, the Defendant succeeded to the status of G, the title trustee, by completing the inheritance registration of each of the above lands (each of the instant lands) through the division of inherited property by agreement on August 29, 1990.

C. Since it is likely that the Plaintiff would arbitrarily dispose of each of the above real estate by deeming that the Defendant is the nominal owner on the registry of each of the above land, the Plaintiff resolved on April 10, 2015 to terminate the title trust and to complete the registration of ownership transfer in the name of the Plaintiff.

Accordingly, by delivering a duplicate of the complaint of this case, the Plaintiff terminated the title trust of each of the lands of this case to the Defendant, and seek the implementation of the procedure for the registration of ownership transfer.

2. Determination as to the defendant's defense prior to the merits

A. On April 10, 2015, 1) C, K, and L 3 of the facts of recognition shall hold a general meeting in the text of the written sub-committee A (3 of the written sub-committee 4 C, K, L, and N, which refers to shares, shall meet the requirements for holding the meeting, and (1) amend the “Rules in the written form of the A”; (2) file a lawsuit, such as the cancellation of title trust on each of the instant land in the name of the Defendant and the performance of the procedure for the registration of ownership transfer on each of the instant land, and (3) file the lawsuit.