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(영문) 창원지방법원진주지원 2019.01.10 2018가단32353

소유권이전등기

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1. The Defendants: (a) on May 31, 2018, with respect to the attached Form 3 shares among each real estate listed in the attached Table 1 list to the Plaintiff.

Reasons

1. Claim against the Defendants (claim related to each real estate listed in the separate sheet No. 1)

A. The Plaintiff’s indication of the claim is a form consisting of descendants who had resided in a group of Gyeong-dong-dong-gun, Gyeong-dong-gun, Gyeong-dong-gun, Gyeong-dong, Gyeong-dong-dong.

K, who was a member of the Plaintiff, donated each real estate listed in the separate sheet No. 1, which was owned by his child L, to the Plaintiff. The Plaintiff held title trust with respect to each of the real estate listed in the separate sheet No. 1, to M and N.

M and N completed registration of initial ownership on June 25, 1985 as to each of the 1/2 shares of each real estate listed in the separate sheet No. 1 attached hereto.

M died on December 17, 2007, and the remaining Defendants, as children of Defendant B, M and Defendant B, who were the wife of M, succeeded to M within the scope of shares listed in the attached Table 3.

The Plaintiff shall terminate the title trust with the Defendants by serving a duplicate of the instant complaint, and seek the registration of ownership transfer with respect to each real estate listed in the separate sheet No. 1.

(b) Article 208(3)2 of the Civil Procedure Act of the applicable law and Article 208(3)2 of the Civil Procedure Act

2. A claim against Defendant H (a claim related to each real estate listed in the attached Table 2 list)

A. K, which was a part of the Plaintiff’s assertion, donated each real estate listed in the separate sheet No. 2 to the Plaintiff.

The Plaintiff held the title trust with M, but M completed the registration of ownership preservation in the name of Defendant H on June 19, 1985 in accordance with the Act on Special Measures for the Registration of Real Estate in Annex II.

The Plaintiff shall terminate the title trust with Defendant H by serving a duplicate of the instant complaint, and seek the registration of ownership transfer with respect to each real estate listed in the separate sheet 2.

B. The reasoning of the judgment reveals that the Plaintiff held a title trust with respect to each real estate listed in the separate sheet Nos. 6, 7, and 8-12, 13, 9, and 11 merely based on the descriptions of the evidence Nos. 7-6, 7-7, and 8-12, 13, 19, and 11, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim for this part is based on different premise.