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(영문) 대구지방법원경주지원 2016.05.31 2015가단3931
소유권이전등기
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 4, and 5 (including paper numbers) and the whole purport of the pleadings:

H H H is a clan (hereinafter referred to as the "H clan") comprised of descendants who are 19 years of age of J as a joint ancestor of I. H. H.

Both the plaintiffs and the defendants are clan members of H clan.

B. The H clan held the title trust of part of the shares of each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and according to the above list Nos. 1, 2, and 3 respectively, to the Defendants. Specifically, the shares of 1/2 of the instant real estate and 1/3 of the instant 4 real estate, and 1/3 of the shares of 5, 6, and 7 of the instant 4 real estate, and the shares of 1/3 of the instant 5, 6, and 1/3 of the instant 4 real estate, among the instant 5, 6, and 7 real estate, under the title trust of 1/3 of the shares among the instant 4 real estate to Defendant F, and completed the transfer registration of shares in the future of the said Defendants.

C. On November 25, 2014, H A sold the instant real estate Nos. 1 and 2 to the Plaintiff, and the instant real estate Nos. 3 and 4 to Plaintiff B, and C, and the instant real estate Nos. 5, 6, and 7 to Plaintiff D, respectively.

2. Determination as to the cause of action

A. Since the gist of the plaintiffs' assertion that H clan sold each of the instant real estate to the plaintiffs on November 25, 2014, the Defendants, each of the instant real estate shares registered by H clans, respectively, should implement the procedure for ownership transfer registration for their respective registered shares, based on the said sale to the plaintiffs.

B. Determination 1) The Plaintiffs did not directly establish the legal relationship with the Defendants, but rather sought the registration of ownership transfer for the Defendants directly against the Defendants, the title trustee of H clans according to the sales contract between H clans and the Plaintiffs. This is to seek the implementation of the intermediate omission registration procedure. However, the Defendants, H clans, and H clans.

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