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(영문) 대구지방법원 2020.03.06 2019가단15981
소유권이전등기
Text

1. The Defendants are the Plaintiff’s share seeking a transfer of [Attachment] out of the 7934m2 in Gyeongsan-si, Gyeongbuk-do.

Reasons

1. Indication of claim;

A. The establishment of title trust relation is the land originally purchased with the Plaintiff’s funds. However, on August 10, 1971, the Plaintiff entrusted the ownership of the instant forest to Nonparty N,O, and P, one-third of each ownership of the instant forest.

B. On September 16, 2005, the aboveO’s death and inheritance relationship 1) inheritance relationship between the aboveO and P succeeded to one fifth of each of the aboveO’s respective shares of Defendant I, Defendant F, Non-Party R, Defendant G, and Defendant H (pre-name S)’s children upon the death of the aboveO and the aboveO’s wife’s death of Non-Party Q Q. The above R succeeded to the above R’s property by inheritance of one fifth of each of the above O and Q. The above R’s shares were three seventh of the wife’s wife’s wife, and the two seventh of each of the above R’s children, Defendant K and Defendant L inherited the above R’s property.

B) Ultimately, Defendant I, Defendant F, Defendant G, Defendant HJ, Defendant K, and Defendant L’s share in relation to the instant forest as to one-third share of the saidO’s share are calculated as follows: ① 1/15 (=1/31/5) of each share in Defendant I, Defendant F, Defendant G, Defendant G, and Defendant H; and ② 3/105 (i.e., 1/105 (=1/153/7); 2/105 (i.e., 1/105; 1/152/7); 3/105 of each of the above Defendants’ share in the instant forest; 2/105 (i.e., 1/152/7); 3/105 of each of the above Defendants’ share in the P/3/105 (i.e., the inheritance of Defendant F, Defendant H; 2/3/105 of each of the above Defendants’ shares in the P/3/105 of the inheritance of the said shares.

C. On June 2, 2014, the Plaintiff concluded a title trust with respect to each of the Defendants’ respective shares on the instant real estate to the Defendants.

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