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(영문) 창원지방법원거창지원 2019.09.26 2017가합10338
소유권이전등기
Text

1. The Defendant shall submit to the Plaintiff the attached Form 812/36,540 of each real estate listed in the attached list to the Plaintiff on February 18, 2019.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 8, the plaintiff is a non-corporate body established for the efficient management, etc. of each real estate listed in the separate sheet (hereinafter "each real estate of this case"), and completed the registration of preservation of ownership in the name of the above trustee around November 27, 1971 by concluding a title trust agreement with C, D, E, F, G, H, and H. The plaintiff decided to terminate the title trust on December 25, 2015, and the complaint of this case seeking the implementation of the registration procedure of transfer of ownership on the ground of the termination of the title trust reaches the defendant on December 28, 2017. The fact that the complaint of this case was delivered to the defendant on December 28, 2017, which is the wife and children of F, J, K, L, Defendant, M, N, can be recognized.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust with respect to the Plaintiff’s share of 792/35,640, which constitutes the Defendant’s shares of inheritance among the instant real estate.

As to this, the Defendant alleged to the effect that F has been occupied by the intention to own each of the instant land, and thus, that the prescriptive acquisition or the prescriptive acquisition has been completed. As such, F completed the registration of preservation of ownership for 1/6 shares of each of the instant land pursuant to the title trust agreement concluded between the Plaintiff and the Plaintiff, and the fact that F occupied the ownership after completing the registration of preservation of ownership for 1/6 shares of each of the instant land. As seen earlier, F’s possession of each of the instant land is deemed as possession without intention to own, namely, possession with the nature of possessory right, and therefore

Therefore, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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