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(영문) 인천지방법원 2016.08.09 2015가단40158

지분이전등기

Text

1. The defendant shall enter the attached list among the land size of 5554 square meters in Incheon-gun, Incheon-gun, for the plaintiff (designated parties) and the designated parties.

Reasons

1. Facts of recognition;

A. The land of this case was originally owned by Nonparty D. The land of this case, which was KRW 554 square meters in the Incheon Strengthening-gun, (hereinafter “instant real estate”). The Incheon District Court, as the Incheon District Court, No. 7488, Oct. 19, 1982, filed for the registration of ownership transfer under the name of the Defendant, a child of this case, under the receipt of No. 7488, Oct. 19, 1982.

B. Around March 17, 1992, the Defendant drafted a letter containing “a letter stating that the Defendant’s present property owned by the Plaintiff (Appointed Party) should be waived with his/her parents’ property without any justifiable reason” (hereinafter “each of the instant letters”).

C. Nonparty E, F, and Selection G filed a lawsuit against the Defendant for the registration of ownership transfer on the ground of the cancellation of title trust with respect to the land of H 3570 square meters in Incheon-gun, I forest land 3570 square meters, J forest land 2183 square meters. The Incheon District Court sentenced on September 2, 1994 that “the Defendant shall implement the registration procedure for ownership transfer on the ground of the termination of title trust on August 26, 1994,” and the above judgment became final and conclusive around that time.

On the other hand, Nonparty D (hereinafter “the deceased”) died on or around March 10, 1992, and around that time, Nonparty D (hereinafter “the deceased”) inherited 2/17 shares of the Plaintiff (Appointed Party), Appoint, G, Defendant, Defendant, Nonparty 1, F, and M, respectively.

After that, K died, and E died on August 22, 2000, and E is the wife N, the designated children, and the non-party P.

E. The Plaintiff (Appointed Party), E, and the designated parties had the right to claim for ownership transfer registration, and completed each provisional disposition registration with respect to each portion of the instant real estate upon the decision of provisional disposition (Seoul District Court No. 93Kadan634, 97Kadan11859, 97Kadan30186, 203Kadan3272).

(hereinafter “instant provisional disposition order”). Each of the above provisional disposition orders did not file a lawsuit on the merits even after ten years have elapsed since the completion of the registration of provisional disposition.