명의신탁해지에 의한 소유권이전등기
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. As to each real estate listed in the separate sheet Nos. 1 and 2, registration of ownership transfer has been completed for each real estate listed in the separate sheet Nos. 3, 4 and 5 with respect to each real estate in the separate sheet Nos. 1 and 1/2.
(b) X, Y, Z, and AA died.
The successors are as listed below [Attachment 1].
Defendant B (Defendant 1), C, D, E Y1/3 shares in each real estate X 1/3 shares listed in the separate sheet No. 1/2 of the heir’s title holder of the real estate registration, and Defendant F, G, H, I, J, K, K, and L (Defendant 11) 1/3 shares in each real estate M, N,O, P, Q, R No. 3, 4, and 5 shares in each real estate A1/2 shares in the separate sheet No. 3, 4, and 5 of the separate sheet No. 1/2 of the heir’s title holder of the real estate registration, and the purport of the whole pleadings, as a whole, is without any dispute.
2. The plaintiff's assertion
A. The plaintiff is a clan that consists of descendants who are 10 years of age of AB and who are later descendants of AB.
B. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “each real estate of this case”). Each real estate listed in paragraphs 1 and 2 is the Plaintiff’s title trust to X, Y, and Z, and each real estate listed in paragraphs 3, 4, and 5 of the separate sheet, which is the Plaintiff’s clan, respectively, to Defendant S and Nonparty A, which is the Plaintiff’s clan.
C. On December 7, 2014, the clan General Meeting decided to terminate the title trust of each of the instant real estate, and to file a lawsuit against the title trustee and his/her heir to implement the procedure for registration of ownership transfer on the ground of termination of the title trust.
(hereinafter “instant resolution”). D.
The Defendants are obligated to implement the registration procedure for ownership transfer with respect to each share stated in the purport of the claim to the Plaintiff.
3. Determination on the legitimacy of the instant lawsuit
(a) The property owned by a clan shall be owned jointly by the members of the community, and the provisions of Article 265 of the Civil Act concerning the preservation of the property jointly owned shall not apply to the preservation of the property jointly owned; and