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(영문) 서울중앙지방법원 2019.01.30 2016가단5293434

소유권이전등기

Text

1. As to the real estate listed in paragraph 1 of the attached list of real estate:

A. Defendant D, E, F, G, H, I, J, K, L, and M.

Reasons

1. Basic facts

A. On May 22, 1968, the Plaintiff purchased the real estate listed in paragraph (1) of the attached list of real estate (hereinafter “instant one real estate”) from U and completed the registration of ownership transfer in the name of the Plaintiff on the same day.

On January 13, 1972, with respect to the real estate of this case owned by the plaintiff, registration of transfer of ownership in the name of S for sale as of January 12, 1972, and registration of transfer of ownership in the name of T for sale as of January 12, 1972, < Amended by Act No. 2693, Jan. 12, 1972>

B. On January 17, 1972, the Plaintiff purchased real estate listed in paragraphs 2 and 3 of the attached Table Nos. 2 and 3 of the real estate list (hereinafter “instant 2 and 3 real estate”) from Defendant B, and completed the registration of ownership transfer on January 19, 1972 by the Plaintiff, S, and T three co-ownership.

C. The Plaintiff died both between S and T, and both S and T, and Defendant 2 through 9 shared inheritance of the network S’s property, and the network’s property by Defendant 10 to 14, respectively.

The defendants' shares in inheritance shall be as shown in the attached inheritance shares of each defendant in the attached Form.

[Ground] As to Defendant 3 and 8: As to Defendant 1, 10 through 14 by public notice (Article 208(3)3 of the Civil Procedure Act): The judgment of deemed confession (Article 208 subparag. 2 and Article 150(3) of the Civil Procedure Act), as to Defendant 2, 4, 5, 6, 7, and 9: Each entry in the evidence of subparagraphs A1 through 18, and the purport of the entire pleadings.

2. The assertion and judgment

A. The plaintiff 1) purchased the real estate of this case from U and completed the registration of transfer of ownership in the plaintiff's sole name. After that, the plaintiff 1 real estate of this case purchased the real estate of this case from U and completed the registration of transfer of ownership in the plaintiff's sole name, the plaintiff 1/3 shares of each of the real estate of this case and T are

Since the registration of transfer of ownership of shares with respect to each of the above 1/3 shares in the name of S and T was made according to a two-party title trust agreement and is null and void in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), Defendant 2 through 14, who is the heir of S and T.