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(영문) 대전지방법원 2016.11.11 2015나108732
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s claim corresponding to the revoked part shall be revoked.

Reasons

Basic Facts

On July 10, 2000, the land category was divided and changed into 564 square meters for a religious site (hereinafter “S land”) and 1,059 square meters prior to R (hereinafter “R land”) on July 10, 200.

T, on June 29, 2004, donated to Defendant H the instant land (hereinafter referred to as “instant donation”), Qacheon-gun Qacheon-gun, Qacheon-gun (hereinafter referred to as “ Qain land”), S land, and R land (hereinafter referred to as “ Qa land, Qa land, S land, and R land”), and made a donation to Defendant H (hereinafter referred to as “instant donation”), and claimed for the claim on July 1, 2004.

1.(a)

Each registration for transfer of ownership was completed as stated in the paragraph.

T had eight children between Defendant C, D, E, F, G, H, I, and U.S. A. From around 202, U died with Defendant J, K, and L as his child, and T died around May 2010.

Accordingly, Defendant B inherited his property at the 9/57 shares, Defendant C, D, E, F, G, H, and I, each of 6/57 shares, Defendant J, K, K, and L, each of 2/57 shares.

[Grounds for recognition] The plaintiff asserted that Gap's evidence Nos. 2, 3, and 6 (including the provisional number), and the claim for ownership transfer registration of the purport of the entire pleadings were to purchase each of the land of this case from T in order to construct a church building, company building, etc., but the plaintiff purchased the land of this case in the name of V, which was the head of Dec. 30, 1994, as farmland in relation to each of the land of this case, and purchased Q land in the name of W, which was the former company on June 13, 200, and paid the purchase price in full to T.

The Plaintiff and T entered into a contract with the intent to directly transfer the legal effect under each of the above sales contracts to the Plaintiff, and thus, the title trust agreement between the Plaintiff, V, and W constitutes three-party registered title trust.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer with respect to the shares of inheritance among each land of this case to the Plaintiff, a title truster.

As to each of the instant lands.

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