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(영문) 대구지방법원김천지원 2016.09.30 2016가합90

소유권이전등기

Text

1. The Plaintiff:

A. Of each real estate listed in the separate sheet No. 1, Defendant B, Defendant B, Defendant G, H, I, and J, respectively, 2/55.

Reasons

1. Indication of claim;

A. The Plaintiff entered into a title trust agreement with K, L, Defendant C, D, E, and F with respect to each of the real estate listed in the separate sheet Nos. 1, 2, and 3 (hereinafter “each of the instant real estate”) and held the title trust of each of the said real estate as follows.

[Attachment 1 Real Estate] K on May 10, 1986 to February 19, 1986, K, L 1/2 equity on July 28, 1988, K, C, Defendant D, each of Defendant E 1/5 equity on April 25, 2003, K, Defendant F (the inheritance registration due to the death of L on November 17, 1997), Defendant C, Defendant D, Defendant E 1/5 equity (the list of real estate ] on May 30, 1985; 1/2 equity on April 25, 2003; 3/D (the inheritance registration due to the death of L 1/17, Nov. 17, 1997); 3/5, Defendant E 1/5 equity on April 10, 1985; 3/6, May 1985; 3/6, 1985/6, respectively, Defendant F (the inheritance registration of real estate).

B. K died on November 16, 2012, and became the inheritor of Defendant B (C/11), G, H, I, and J (children, children, and inheritance shares), respectively.

C. The Plaintiff, upon the delivery of the duplicate of the instant complaint, declared the intention of termination of each title trust to Defendant C, D, E, and F, and upon the final delivery of the duplicate of the instant complaint on June 6, 2016, both the agreement on each of the instant real estate between the Plaintiff and the said Defendants was terminated.

In addition, the Plaintiff, through the service of the application for modification of the purport of the instant claim and the cause of the claim, declared the intent of termination of each title trust to Defendant B, G, H, I, and J. The application for modification of the purport of the instant claim and the cause of the claim was served on August 30, 2016, and thus both the title trust agreement between the Plaintiff and the said Defendants on each of the instant real estate was terminated.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer on the grounds of termination of title trust with respect to each ownership share in each ownership of the instant real estate.