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(영문) 대전지방법원천안지원 2019.12.12 2018가단101266

소유권이전등기

Text

1. The plaintiffs' primary claims are dismissed.

2. The plaintiffs' preliminary claims against the defendants are all satisfied.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on October 20, 1982 with respect to the land of 6,106 square meters (hereinafter “instant land”) in Y, Z (Death on June 19, 195; hereinafter “the deceased”), AA, and AB 4 on November 10, 1969 with respect to the land owned by X (hereinafter “instant land”).

B. On November 16, 2016, the Plaintiffs completed the registration of ownership transfer for each of 1/4 shares of AB and AA in the instant land due to sale and purchase as of November 7, 2016. On June 2, 2017, the Plaintiffs completed the registration of ownership transfer for each of the shares of 1/4 shares in the instant land from AC, the heir of the saidY, for sale and purchase as of May 29, 2017.

(3/8) / [Reasons for Recognition] The fact that there is no dispute, each entry in Gap evidence Nos. 1 and 4 (including the serial number), the purport of the whole pleadings.

2. Judgment as to the main claim

A. Defendant V Village Association, the primary cause of the claim, received the instant land from AD, which is the heir of the network X, and continued to possess the instant land under title trust with the deceased, Y, the deceased, AA, and AB, holding the right to claim ownership transfer registration. As such, Defendant C, D, E, F, G, H, I, J, K, K, M, M, P, P, Q, R, T, T, and U (hereinafter “B money Defendants”) are obligated to perform the procedure for ownership transfer registration under the instant land sales contract with the plaintiffs and Defendant V Village Association in accordance with the agreement.

B. We examine the judgment, and there is no ground to view that the remaining Defendants, not the parties to the sales contract, are directly liable for the registration of ownership transfer with respect to the shares in the deceased’s name of the land of this case. Thus, the plaintiffs’ primary claim is without merit

3. Judgment on the conjunctive claim

A. Defendant V Village Association, a preliminary claim, held the instant land in title trust with Y, Deceased, AA, and AB, and the said title trust constitutes bilateral title trust.