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(영문) 전주지방법원 2018.10.02 2017가단29899
소유권이전등기
Text

1. On December 26, 2017, the Defendant held title trust with respect to three-fifthss of the real estate listed in the attached list to the Plaintiff.

Reasons

1. Determination as to the cause of claim

(a) The following facts are recognized, either in dispute between the parties, or in combination with the overall purport of the pleadings, on Gap evidence Nos. 1 to 5, and Gap evidence No. 8 (including paper numbers), and images:

1) The representative of the Defendant church and the deceased who was a pastor (EE, death on March 22, 2015, hereinafter “the deceased”).

(2) Around September 5, 1994, the deceased concluded a sales contract for the land listed in Paragraph (1) of the Attached List No. 73 million, and paid all the above sales price. Around May 2, 1995, the deceased constructed a new building listed in Paragraph (2) of the Attached List No. 2 at his own expense. (2) On November 21, 1994, the deceased completed the registration of ownership transfer in the name of the defendant church under the Jeonju District Court’s receipt of indictment for all-round report on the land listed in Paragraph (1) of the Attached List No. 79569, and completed the registration of ownership transfer in the name of the defendant church under the name of the defendant church as the receipt of the same registry office on August 14, 1995.

3) After completing the registration of the foregoing paragraph (2) above, the Deceased was engaged in a briefing session on the real estate listed in the separate sheet, but currently the Defendant church did not have any new person, and the real estate listed in the separate sheet is not used as a religious facility any longer.

4) The deceased’s heir has F and G, who is the spouse, and Jeonju District Court (2015Hun-Ma526) accepted a report on the renunciation of inheritance by G on June 29, 2015. (B) According to the above facts of recognition, the deceased is deemed to have held a title trust on the real estate listed in the separate sheet to the Defendant church. As such, the Defendant is liable for the Plaintiff, the deceased’s heir, to implement the registration procedure for the transfer of ownership on the ground of the cancellation of title trust (three-fifths shares) among the real estate listed in the separate sheet, including the Plaintiff’s declaration of intention to terminate the title trust.

2. In conclusion, the plaintiff's claim is justified and it is ordered to accept it.

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