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(영문) 대전지방법원 2016.04.20 2013가합104978

소유권이전등기

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1. The Defendants’ respective shares of each of the Defendants listed in the separate sheet No. 3 among the respective real estate listed in the separate sheet No. 2.

Reasons

Facts of recognition

Plaintiff

A clan shall title the name of each 1/9 shares out of the 1,022m2 and L previous 2,769m2 (hereinafter “instant real estate”) for the family members B, C, D, E, F, G, H, H, I, and J (hereinafter “titled clan”). The clan shall have completed the registration of ownership transfer on July 1, 1929.

After all, the Defendants died before the filing of the instant lawsuit, and each of the Defendants succeeded to the instant real estate in the same proportion as the attached Table 3 list.

Plaintiff

A clan expressed to the Defendants the intent to terminate each of the above title trust agreements by serving a duplicate of the complaint of this case.

The duplicate of the instant complaint was served on May 1, 2015.

[Ground of recognition] Defendant M: Defendant N,O, P, Q, R, 58 S, the absence of dispute, each entry in Gap evidence Nos. 1 through 15 (including each number), and the overall purport of the pleading as well as the remaining Defendants except the Defendants: According to the above facts of recognition, according to the fact of recognition as to whether the copy of the complaint in this case was made by non-appearance (Article 150(3) and (1) of the Civil Procedure Act), the title trust relationship between the plaintiff and the defendants was lawfully terminated. Thus, the Defendants are obliged to implement the registration procedure for ownership transfer on the respective shares of the Defendants listed in the separate list No. 3 of the real estate in this case as of May 1, 2015 with respect to the Plaintiff’s share in the title trust as of May 1, 2015.

In conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the costs of lawsuit are assessed against the plaintiff in light of the circumstances of the case.