소유권이전등기
1. The Defendants are subject to the Plaintiff’s title trust on November 19, 2015, with the view to “89,950 square meters of land in Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.”
1. The fact of recognition (1) The plaintiff is a clan consisting of 15 years old descendants of the Emph (E by-products, which is again divided into sub-familys such as Femins Association, Gemins Association, and Hemins Association. Among them, Hemins Association is composed of members under 13 years of age of Emphs) from 15 years old, who belong to Hemins Association.
The Defendants are accessories of the Plaintiff.
(2) On August 18, 1971 with respect to the forest land listed in the Disposition No. 1 (hereinafter “the forest of this case”), the registration of preservation of ownership of L was completed on August 18, 1971, and thereafter on January 15, 1975, the registration of the combination of ownership transfer in the name of the Defendant C and C (Death on September 3, 201), the network N (Death on February 11, 1995), the network P (Death on December 20, 1990), the network P (Death on November 24, 2003), and L (Death on January 30, 1998) was completed.
On July 12, 1986 with respect to the forest land of this case, the registration of the single name of the defendant B was completed for the purpose of registration as to the partial transfer of the shares of the above joint owners.
However, the above registration of Defendant B’s sole name was recorded mistakenly by deducting Defendant C, which was already registered as a joint owner, from the joint owner without any ground. The forest of this case is the co-ownership of the Defendants.
(3) Before filing the instant lawsuit, the Plaintiff filed a lawsuit against the Defendants and the said network M on the claim for ownership transfer registration on the instant forest, etc. on the ground of termination of title trust (this Court 2013Gahap10760) (with respect to the instant forest, the Plaintiff sought performance of the procedure for ownership transfer registration on the ground of termination of title trust as of July 2, 2013). On May 2, 2014, the Plaintiff was rendered a favorable judgment in full, including “Defendant B shall implement to the Plaintiff the procedure for ownership transfer registration on the ground of termination of title trust as to the instant forest, etc.”
Defendant B appealed against the above judgment of the first instance court (Seoul High Court 2014Na11596), and the above appellate court on September 11, 2015 terminated the title trust with respect to the forest of this case, "the forest of this case was owned by Defendant B and Defendant C, and the real estate, the ownership transfer of which was registered due to joint ownership.