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(영문) 의정부지방법원 2018.10.25 2016가합53258

소유권이전등기

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1. The defendant on February 21, 2016, with respect to shares of 2/1080 among each real estate listed in the separate sheet to the plaintiffs.

Reasons

1. Each real estate listed in the separate list indicating the claim (hereinafter “each of the instant lands”) owns E-I (hereinafter “E-I”). Nonparty Association concluded a title trust agreement with F, G, H, I, J, K, L, and M (hereinafter “F, etc.”) and completed the registration of ownership preservation for each of the instant lands, including F, etc.

On the other hand, F, I, and M were dead from among F, etc., and accordingly, ① F, N, P, Q, R, S, T, T, U,V, W as co-inheritors of F, and ② X,Y, J, Z, and ③ M, AA, AB, AC, AD, Defendant, AE, AE, AF, and AG, as co-inheritors of F, inherited the status of the trustee with respect to each inheritance share of each land of this case.

After that, on February 21, 2016, Nonparty 2 terminated a title trust agreement concluded with F, etc. on each of the instant land through the clan general meeting, and made a resolution with the Plaintiffs to conclude a title trust agreement again.

Since the non-party clan transferred to the plaintiffs the right to claim ownership transfer registration of each of the lands of this case to F, etc. by a resolution of the above clan general meeting, and the defendant agreed thereto, the defendant is obligated to perform the procedure of ownership transfer registration as to the shares of 2/1080 among each of the lands of this case (2/360-1/3, the defendant's inheritance shares).

On the other hand, on June 22, 2018, with respect to the remaining Defendants, a ruling of recommending reconciliation was finalized on the following purport: “The Defendant shall implement the procedures for the registration of ownership transfer on the grounds of compromise with respect to each of the inheritance shares in the land of this case to the Plaintiffs.”

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;