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(영문) 청주지방법원충주지원 2016.04.06 2015가단21922

소유권이전등기

Text

1. Defendant B, C, and D are the Plaintiff:

(a) Attached Table 1. Each 1/3 share of each of the real estate recorded in Attached Table 1. Date of July 15, 2015.

Reasons

1. Basic facts

A. The deceased F was the owner of each of the real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”), and died in A’s village without his own loss.

B. On May 9, 2008, Defendant B, C, and D accepted each real estate listed in the separate sheet 1. and 2. Each 1/3 share of the real estate listed in the separate sheet 1. and 2. The registration of ownership preservation or registration of ownership transfer was made in each name.

In addition, around May 9, 2008, the Defendants received the title trust with 1/4 shares of each of the real estate listed in the attached Table 3. The Defendants received the title trust and completed the registration of ownership transfer in each of its titles.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The content of the Plaintiff’s assertion is a non-corporate body organized by A community residents on April 17, 2015, and completed organization registration by organizing the organization. The Plaintiff donated each of the instant real estate from the deceased F, under the condition of funeraling of the Deceased, building and managing graveyard, and managing it. The Plaintiff occupied, managed each of the instant real estate to the members of the Village Association, and decided on April 17, 2015 to return the name of each of the instant real estate to the Plaintiff in the name of the Plaintiff. Accordingly, the Plaintiff terminated the title trust agreement with the Defendants through the delivery of a duplicate of the instant complaint. As to each of the instant real estate recorded on March 3, 2015, the Plaintiff asserted that the Defendants’ claim for ownership transfer registration was not based on the change of land category, revision of the Farmland Act, or any other condition that can acquire ownership in the name of the Plaintiff, but rather on the execution of the title trust registration procedure.

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