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(영문) 수원지방법원 성남지원 2018.07.10 2017가합402160
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of litigation shall be borne by the O (P) representative of the plaintiff.

Reasons

1. Basic facts

A. On December 6, 1965, the Defendants, the inheritee Q, completed the registration of preservation of ownership on the land listed in paragraph (1) of the attached Table No. 1 and the land of 790 square meters in the Sinnam-si, Sungnam-si, Sungnam-si, Sungwon District Court (Seoul District Court Decision 15449, Dec. 6, 1965) and died on September 16, 1975.

B. On May 3, 2011, the area of 790 square meters prior to the R was divided into each land listed in [Attachment List 2 and 3] on May 3, 201.

(hereinafter referred to as “each land of this case” in the separate sheet

On November 17, 2016, the Defendants completed each registration of ownership transfer on the respective shares of the Defendants stated in the purport of the claim in each of the instant land by reason of inheritance on September 16, 1975, from the Sungwon District Court’s receipt of Sungnam Branch Support, No. 69817.

[Ground of recognition] Facts without dispute, evidence Nos. 2-1 through 3, evidence No. 11-1, 2, the purport of the whole pleadings

2. 원고의 주장 원고는 S[휘(諱) T]의 후손들로 구성된 종중이고, 이 사건 각 토지는 원고 소유의 위토이다.

The Plaintiff was under circumstances by lending the land in U’s name. On December 12, 1965, the Plaintiff concluded a title trust agreement on each of the instant land with the deceased clan Q. Under the above title trust agreement, the title trustee’s net Q Q completed the registration of initial ownership on each of the instant land on December 6, 1965, and the Defendants, the deceased Q’s heir, completed each of the instant land inheritance registration.

The Plaintiff served the duplicate of the instant complaint with the Defendants expressed their intent to terminate the title trust agreement on each of the instant land. As such, the Defendants are obligated to implement the registration procedure for ownership transfer based on the cancellation of title trust with respect to each of the Defendants’ respective shares in the instant land as stated in the purport of the claim.

3. Determination on the legitimacy of the instant lawsuit

A. The rules of clans (No. 1) submitted by the Plaintiff’s assertion by the Defendants were created at will by theO, and theO was elected as the representative of the Plaintiff and the lawsuit in this case.

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