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(영문) 부산고등법원(창원) 2014.09.25 2013나3456

명의신탁해지를 원인으로한 소유권이전등기

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1. Revocation of a judgment of the first instance;

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

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. Alteration of right for each real estate: (a) The transfer of right for each real estate listed in the separate sheet in which the registration of ownership transfer has been made in the name of the Defendants; and (b) the ownership transfer has been made in the name of D individual, the representative of the Plaintiff; (c) each land is specified only as Ri and lot number in Changwon-si, Busan Metropolitan City E-do; and (d) the said forest and field are

(E) The legal relationship or record of registration with respect to each of the following real estates, other than E, are referred to as “the instant real estate”:

(2) Prior to the division, F Forest Land A is divided into 3,917 square meters [Attachment 1 real estate (hereinafter “real estate”) and G forest 995 square meters (hereinafter “G”) indicated in the attached Table] ① on November 10, 1917, the assessment was made under the joint name of H, K, K, K, and AL. ② On August 30, 1970, the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”).

(3) On March 23, 1990, on the part of Defendant B, the registration of initial ownership was made on the ground of inheritance (division) as of one-half portion in the name of Defendant B on May 21, 1989. ④ On the part of real estate and G on March 20, 204, the Gyeongnam-do divided the two shares of Defendant B into G, on March 19, 2004, the registration of initial ownership was made on March 22, 2004, and the compensation amount was paid KRW 6,218,750 to Defendant B on March 22, 2004, and the Plaintiff paid KRW 6,218,750 on March 19, 207 on the part of Defendant B, on the grounds of which the agreement was made on May 21, 2008. < Amended by Act No. 7190, Oct. 19, 200>