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(영문) 의정부지방법원 2016.09.02 2014가합52749
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Text

1. The Defendants fall under each of the “shares” column in the attached Table 2, among the real estate listed in the attached Table 1 list, to the Plaintiff.

Reasons

1. Indication of claim;

A. On October 26, 1970, the Plaintiff agreed to title trust for the real estate listed in the separate sheet No. 1 attached to the Plaintiff’s clan (hereinafter “instant real estate”) between Defendant L, Defendant S, V, W, and X, and the said five persons completed the registration of title transfer for each of 1/5 shares among the instant real estate.

B. The above V died around November 2, 1975, W W around March 10, 2003, X around February 14, 1990, respectively. At present, V’s shares were transferred to the inheritor, C, D, T, U, and W’s heir’s heir’s heir’s shares to Defendant E, F, G, H, I, J, K, and X’s heir’s shares to Defendant M, N,O, P, Q, Q, and R, respectively, as indicated in the “shares” column in the attached Table 2.

C. On May 23, 2016, stating the Plaintiff’s declaration of intent to terminate the title trust, the fact that the duplicate of the amendment of the purport of the instant claim was served to the Defendants on each relevant date stated in the “date of termination” in the separate sheet is apparent in the record. Thus, barring any special circumstance, the Defendants are obliged to implement each procedure for the registration of ownership transfer based on each of the pertinent shares stated in the “shares” in the separate sheet among the real estate in this case to the Plaintiff on each of the pertinent dates.

2. Grounds for recognition;

A. Defendant M, N,O, P, Q, R Defendant M, N,O, P, Q, Q, and R (hereinafter “Defendant M, etc.”) submitted to this court on February 2, 2015 a “written claim recognition and acceptance” stating that “the Plaintiff’s assertion is recognized in entirety, and thus, the failure to appear on the date of pleading.”

However, in principle, the failure of the claimant shall be made orally on the date of pleading or the date of preparatory pleading (Article 220 of the Civil Procedure Act), and exceptionally, it shall be authenticated by a notarial office on a reply containing an expression of intent to recognize and recognize (Article 148(2) of the Civil Procedure Act), and the above written documents by the defendant M et al. cannot be deemed to have been constituted, but they shall be deemed to have

B. Article 208 of the Civil Procedure Act of the remaining Defendants

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