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(영문) 창원지방법원 2017.07.05 2016가단108468

소유권이전등기

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The land stated in the purport of the claim(hereinafter “instant land”) was originally purchased at the Z clan clan, which is a clan, and the clan completed the registration of ownership transfer by trusting the title of 1/3 of each of them to A, AB, and AC, which is a clan, on July 6, 1979.

After that, upon the death of a title trustee on December 21, 1985, AB died on May 7, 1994, the Defendants jointly succeeded to the property AA or AB as shown in attached Form 1, 2, and the clan newly entered into a title trust agreement with the Plaintiff on the instant land.

Therefore, the Plaintiff’s subrogation of the Defendants in subrogation of a clan based on the right to claim ownership transfer registration under the title trust agreement with respect to the instant land. As such, the Plaintiff terminated a title trust agreement with the clan by serving on May 15, 2017 the purport of the claim and the application for change of the cause of the claim. Therefore, the Defendants are obliged to implement the registration procedure for ownership transfer on the ground of the title trust termination with respect to the relevant

B. Even if the facts alleged by the Plaintiff are fully recognized, the title trust agreement on the pertinent inheritance shares among the land of this case between a clan and the Defendants can be deemed to have been terminated according to the Plaintiff’s expression of termination by subrogation of a clan.

However, the Plaintiff cannot seek the implementation of the procedure for ownership transfer registration against the Defendants, which is the title truster, on the basis of the right to claim ownership transfer registration pursuant to a new title trust agreement between the clans, in subrogation of the Defendants on the basis of the right to claim ownership transfer registration pursuant to the new title trust agreement with the clans, apart from seeking the implementation of the procedure for ownership transfer registration based on the title trust termination for the pertinent

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