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(영문) 수원지방법원 2013.05.16 2011가합7553
소유권이전등기말소등기절차이행
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff clans asserted by the plaintiff clans are the 13th AK's 13th clans that consist of descendants of AM, the five descendants of AL.

The ownership of the Plaintiff clan is 61,587 square meters of 4,016 square meters (hereinafter referred to as “N land”) and AO 61,587 square meters (hereinafter referred to as “AO land”) prior to the division, GO land was owned by the Plaintiff clan. On March 20, 1985, HAP, Defendant C, D, and E under title trust and completed the registration of ownership transfer of 1/4 shares, respectively. On October 27, 1970, AO land was registered under title trust with the Defendant, C, I, and Non-Party AR and completed the registration of ownership transfer of 1/4 shares.

However, Defendant C, who has no substance, was able to manufacture Defendant F-friendly association (hereinafter “Defendant F-friendly association”), and completed the registration of ownership transfer in the name of Defendant F-friendly association under the name of Defendant F-friendly association (hereinafter “Defendant F-friendly association”), around June 26, 1995; and on AO land, after obtaining each false guarantee certificate and written confirmation on June 28, 1995.

Since then, on June 17, 2005, the ownership transfer registration has been made to Defendant G on the grounds of sale and purchase, and the registration of establishment of a neighboring land and of creation of a superficies has been made on September 19, 2008 with respect to the land under [Attachment 1] List 1 and [Attachment 1] List 1, 3, after being divided into three parcels in [Attachment 1] List 1, 3, 2008.

In addition, on March 6, 2009, AO land was divided into four parcels in attached Form 4 through 7 of the list of real estate in attached Form 1 on March 6, 2009, and on March 16, 2009, the ownership transfer registration based on public land acquisition was made on March 2, 2009 to the defendant Korea Land Corporation on March 2, 2009.

Accordingly, the Defendants, the trustee of the instant land, the trustee of title, and the Defendants who inherited AP, and Q, filed for the registration of ownership transfer on the ground of termination of title trust, and the registration of ownership transfer on the name of the defendant clan-friendly association without any substance is null and void. Therefore, the revocation thereof is sought, and the registration of ownership transfer on the grounds of the invalid registration

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