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(영문) 수원지방법원평택지원 2016.08.25 2014가합2046

소유권이전등기

Text

1. The Plaintiff:

A. The Defendants’ share column 1 of the attached Table 1 among the real estate listed in the attached Table 1.

Reasons

1. Basic facts

A. The plaintiff is a clan, the purpose of which is to protect the graves, safeguard the company, and promote friendship among the members of the family by being maintained by the joint ancestor.

B. On April 1, 1931, the registration of ownership transfer was completed in the name of CU, CV, and CW, which is the closing cause of the Plaintiff on April 1, 1931, and the registration of ownership transfer was completed in the name of PU, CV, and CW on December 28, 1940 with respect to Pusi 212, CY, and PY 708, which was later converted into the area as shown in the attached list 2, and divided as described in paragraphs 3 through 6).

B. All of the above CU, CV, and CW died, and their descendants succeeded to the above CU, etc. as indicated in the attached inheritance relation table.

C. On the ground of each real estate listed in the separate sheet, there is a grave for the Plaintiff’s preference.

The plaintiff pays a tax imposed on each real estate listed in the attached list, and leases part of it to another person and receives a rent every year.

On May 20, 2014, the Plaintiff decided to hold a clan meeting to terminate the title trust on each real estate listed in the attached list and to complete the registration of ownership transfer in the name of the Plaintiff.

[Based on the recognition] The remainder of the Defendants other than Defendant NN (38), AO (39), BN (64),CC (79), CD (80), CO (90), CI (84), CJ (85), CK (86), CL (87), and CM (88) under Article 150(3) of the Civil Procedure Act: The purport of the whole pleadings is as follows: the statement (including the serial number) in subparagraphs 1 through 9 of the Article 150(3) of the Civil Procedure Act that the confession is made under Article 150(3).

2. According to the above facts, it is reasonable to deem that the Plaintiff trusted each real estate listed in the separate sheet to CU, etc., and since it is apparent in the record that the copy of the request for a change in the purport of the claim and the cause of the claim of June 27, 2016, stating a declaration of intent to terminate the above title trust agreement, was finally served on the Defendants, the heir, such as the above CU, etc., on July 26, 2016, the title trust was lawfully terminated.

On the other hand, however,