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(영문) 대전지방법원논산지원 2020.02.12 2019가합2483

소유권이전등기

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership preservation was completed in the name of E, F, and G on April 20, 1934 with respect to each one-third share of each of the instant lands.

After the date, the details of ownership change on each of the instant lands are as follows.

E Equity 1/3 December 29, 1983 H on December 29, 1983 (Inheritance of Australia, May 3, 1950) (the trust of May 29, 1981) of the Defendant clan (the trust of January 1986) on September 25, 2003 of Defendant C (Sale, July 9, 200) 1/3 of the F equity 1/3 of May 29, 1991, I and seven other (Inheritance, November 8, 1970) G equity 1/3 of May 29, 1983 (Inheritance, April 21, 193) G equity 1/3 of May 21, 193 (Inheritance, April 29, 193). < Amended by Act No. 3748, Dec. 29, 1983>

B. Defendant clan filed a lawsuit against each owner of the land of this case, including the Plaintiff, to seek the implementation of the procedure for ownership transfer registration on the ground of termination of title trust (the Jeonju District Court 85Gahap381), and on February 26, 1988, the above court rendered a judgment to the effect that “each land of this case was installed and owned by the joint ancestor on the ground that the Defendant clan had installed and owned the graves of the joint ancestor on that ground since 0 years ago. However, on April 20, 1934, the Defendant clan issued a title trust to E, F, and G on the ground that the title trust was terminated with G on the next day, and completed the ownership transfer registration under the name of J on April 21, 1934, and that each land of this case, E, F, the heir of this case, and each owner of the land of this case, fulfilled the procedure for ownership transfer registration on that ground.”

In the above judgment of the first instance court, the share which the plaintiff ordered the defendant clan to register the transfer of ownership was 1/4 of each of the land of this case, but the defendant clan extended from the appellate court (the mining court 88Na1492, the defendant clan) to 1/3 of each of the land of this case, and the Gwangju High Court on July 12, 1989 extended to 1/3 of each of the land of this case.