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(영문) 서울중앙지방법원 2016.02.03 2015나38056
상속재산분할
Text

1. The plaintiff's claim that is changed in exchange from the trial to the defendants is all dismissed.

2. The total cost of the lawsuit.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is as stated in the pertinent part of the reasoning of the judgment of the court of first instance, except for the dismissal as follows. Therefore, this part of the reasoning of the judgment of the court of first instance is cited in accordance with the main sentence of Article 402 of the Civil Procedure Act.

[Supplementary portions] “A. On October 28, 2013, the Plaintiff filed a claim for the adjudication on division of inherited property against the remaining heirs on the instant land under the Seoul Family Court 2013-Mahap254, but amended the purport of the claim to seek confirmation of the Plaintiff’s ownership, and the instant case was transferred to this court. After which the Plaintiff filed a lawsuit against the remaining Defendants, other than the part agreed upon by the first instance court, to seek the implementation of the procedure for transfer registration of ownership, the Plaintiff filed an appeal and subsequently subsequently subsequently rejected the lawsuit at the first instance court, and subsequently amended the purport of the claim in exchange for

2. The Plaintiff’s assertion purchased the instant land from H and title trust was made to F, the mother-child, and thereafter, the title trust agreement and registration pursuant thereto become null and void since the real estate registration was not made within the grace period under the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”). As such, the Defendants, the heir of F, are obliged to implement the registration procedure for ownership transfer based on the recovery of their real name with respect to the inheritance shares among the instant land.

3. A claim for ownership transfer registration to recover the true title of registration is filed under one’s own name, or the true owner who acquired ownership by law seeks the restoration of the true title of registration based on ownership in lieu of seeking the cancellation of the registration against the present registered titleholder. As such, a person who did not have the ownership registered in his own future and did not acquire the ownership by law.

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