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(영문) 청주지방법원 2016.12.07 2016가합414

소유권이전등기절차이행

Text

1. The Defendants, among the real estate listed in the separate sheet No. 2 list, share in the “share in inheritance” column in the separate sheet No. 1.

Reasons

1. Claim against Defendant G, H, I, and J

A. Claim for the implementation of the procedure for ownership transfer registration based on the cancellation of title trust as of the date of service of a copy of the instant complaint as to the land indicated in the Attached Table 2 List between the Plaintiff and the said Defendants (hereinafter “instant land”).

(b) Judgment by service based on which recognition is applicable (Article 208 (3) 3 of the Civil Procedure Act);

2. According to the following facts: (a) there is no dispute between the parties to the claims against the remaining Defendants except Defendant G, H, I, and J; or (b) the fact inquiry results and the whole purport of the arguments by this court, the Plaintiff is a clan consisting of descendants of K insignia L; (c) on January 22, 1968, the Plaintiff trusted the Plaintiff’s title of each of the instant land to Nonparty G, network N, networkO, and network P, which is the Plaintiff’s clan members; (c) the Defendants inherited the said deceased as indicated in the attachment 3 inheritance relation table; and each of the Defendants’ inheritance shares are identical to the entry in the column of “property shares” in the attached Table 1.

Furthermore, the facts that the copy of the complaint of this case, stating the Plaintiff’s declaration of intention to cancel the above title trust, was delivered to the Defendants on the date indicated in the “date of delivery of the copy of the complaint” in the attached Table 1 sheet, are clear

According to the above facts of recognition, the title trust relationship between the plaintiff and the above deceased was comprehensively held between the plaintiff and the defendants in the same proportion as stated in the above "share of inheritance", and it is reasonable to deem that the remaining Defendants were legally terminated through the delivery of a duplicate of the complaint of this case. Thus, the remaining Defendants are obligated to implement the procedure for the registration of ownership transfer for cancellation of title trust based on the date stated in the above "the delivery date of a duplicate of the complaint" as to the share in the land of this case

3. If so, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.