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(영문) 대전지방법원 2016.11.25 2016가합480

명의신탁해지에의한소유권이전등기등

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1. The Defendants are with respect to each share indicated in the separate sheet in the column of “shares” among the 2,820 square meters in the Dong-gu Daejeon-gu N, Daejeon-gu.

Reasons

1. Basic facts

A. On November 24, 1926, the head of the OM (hereinafter “the instant clan”) held that each of 1/2 shares of the instant real estate was trusted to the deceased P and the deceased Q in title on November 24, 1926, with respect to the R 2,820 square meters (hereinafter “instant real estate”).

B. The deceased on March 14, 1956 and the deceased on March 14, 1956 and the deceased on January 1, 1981 and the deceased on January 1, 1981 and the wife and the defendant B succeeded to the shares of the deceased on November 13, 200 and the defendant B succeeded to the shares solely by himself.

C. The deceased on May 12, 1948 and the deceased on May 12, 1948 and succeeded to V, W, Defendant I, J,K, L, and M. The deceased on February 20, 1983, Defendant C and his children, who were his wife, succeeded to the shares in the name of Defendant C, E, F, G, and H. After U died on May 19, 1996, the shares in the name of Defendant C, E, F, G, L, and M were succeeded to or succeeded to by substitute inheritance.

The clan of this case terminated the above title trust on each date stated in the separate sheet "the date of termination of the trust", and filed a lawsuit against the above deceased P and Q's inheritors for the claim of ownership transfer registration on August 12, 2004 by the Daejeon District Court Decision 2004Gahap685, and received a favorable judgment on August 12, 2004. The above judgment became final and conclusive around that time.

E. Since then W was killed on December 2, 2012, and the heir X and her husband Y died on May 29, 2012, and on September 27, 2013, the Z, a grandchild, inherited but renounced W’s share in the name of W.

F. Around July 2015, the instant clan transferred to the Plaintiff the right to claim for the transfer registration of ownership according to the said final judgment against the Defendants.

[Based on the recognition] Defendant D: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)3 of the Civil Procedure Act): The remaining Defendants: Confession (Article 150(3) of the

2. According to the above facts of determination as to the cause of the claim, the clan of this case transferred the Plaintiff the right to claim the transfer registration of ownership to the Defendants around July 2015, thereby succeeding the net P and Q.