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(영문) 서울북부지방법원 2016.06.16 2014가합5863
등기명의인표시변경등기 말소등기절차이행
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a child of D (Death on November 23, 1997) and is registered as two children between D and E (Death on August 4, 2014, hereinafter “the deceased”) in the family relations register, and the Defendant B is a child of F, a child between D and the Deceased.

B. On October 23, 2006, the registration of ownership transfer was made under the name of Defendant C (hereinafter referred to as “Defendant B”) with respect to the land listed in the attached list No. 1 (hereinafter referred to as “instant land”), and on April 6, 2007, the registration of ownership preservation was made under the name of Defendant B on the building listed in the attached list No. 2 (hereinafter referred to as “instant building”).

C. Meanwhile, the representative of the Defendant B was changed from July 14, 2014 to Defendant B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 4 (including partial number), the purport of the whole pleadings.

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion (1) Defendant Non-party is an individual inspection of the deceased, and is merely an establishment for Buddhist purposes.

(2) The Deceased purchased the instant land from G on July 12, 2006, and completed the registration of ownership transfer under the name of the Defendant Non-party. After constructing the instant building on the instant land, the Deceased completed the registration of ownership preservation under the name of the Defendant Non-party on April 6, 2007, and registered the title trust of the instant land and buildings to the Defendant Non-party.

On August 4, 2014, the deceased died on August 4, 2014, the Plaintiff, the inheritor, comprehensively succeeded to the status of the title truster as to the deceased’s shares in inheritance 1/2. The Plaintiff’s title trust is terminated by delivering a copy of the purport of the instant claim and the application for modification of the cause of the claim regarding

(3) Therefore, Defendant B is a title trustee, and Defendant B is jointly and severally liable to implement the registration procedure for ownership transfer on the ground of termination of title trust with respect to 1/2 of the Plaintiff’s inheritance shares among the instant land and the instant building, as the representative of the Defendant Party, or if so, the said title trust is the above.

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