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(영문) 대전지방법원 2015.07.22 2014가단226038

소유권이전등기

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The deceased D (the deceased on March 28, 1998, hereinafter “the deceased”) had the Defendant, under the chain of the deceased E (the deceased on March 28, 1998) in his wife, who was the Plaintiff, the Republic of Korea F, the Konam G, Hanam G, Hanam I, Trinam I, Trinam, and Sanam.

B. At the time of the death of the deceased, the deceased owned 3,924 square meters prior to C, 3,924 square meters (hereinafter “the instant land”). On December 11, 2000, the registration of ownership transfer was completed on the instant land due to inheritance due to a division in consultation with the Defendant.

C. On November 5, 2012, the Defendant completed the registration of ownership transfer on October 31, 2012 with respect to each of the instant shares of 3,926/66 of the instant land to H and J on November 5, 2012.

【Ground of recognition】 The fact that there has been no dispute, the entries in Gap 3, 4, and 6 (including virtual numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. 1) In the first place, the Plaintiff, H, and J 3, who is his wife after the deceased’s death, agreed to divide the shares of 200 square meters (66 square meters) out of the land of this case into the Plaintiff, H, and other inheritors. However, in the process of completing the inheritance registration on the land of this case, the Plaintiff, H, and J agreed to register their inheritance shares in the name of the Defendant solely in the name of the Defendant by title trust with the Defendant for convenience. The Plaintiff expressed his intention to terminate the above title trust agreement with respect to 666 percent of the land of this case by delivery of the complaint of this case to the Defendant. The Defendant had the obligation to implement the registration procedure for ownership transfer on July 22, 2014, the delivery date of the complaint of this case to the Plaintiff on July 17, 2007, the Defendant agreed to complete the registration of ownership transfer on the part of the land of this case to the Plaintiff on April 17, 2007.

B. The judgment of the court below is based on the above facts.