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(영문) 대구지방법원 2015.07.24 2014나11473
명의신탁해지를원인으로한소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the Defendants regarding each real estate listed in the separate sheet Nos. 5 and 6 shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a religious organization established by G that operated the philosophical hall around 1984.

B. As to the real estate listed in paragraph (1) of the Attached List No. 1 (hereinafter “real estate No. 1”), the registration of transfer of ownership in G name was completed due to the receipt of No. 6701 on November 19, 1996 as of the Dobong District Court’s receipt of No. 6701 on October 28, 1996, and as to the building listed in paragraph (2) of the Attached List No. 2 (hereinafter “second Real Estate”) newly constructed on that ground, the registration of preservation was completed in K’s name on December 4, 1996 as of December 4, 196 by the same registry office No. 7121 on December 3, 1996.

C. With respect to the real estate listed in paragraph (3) of the attached Table No. 3 (hereinafter “third real estate”) as indicated in the attached Table No. 166 on January 4, 2008, the Dobong District Court of Daegu, the registration office of registration of ownership transfer in the name of G was completed on the ground of the “sale on June 9, 2004” and the registration of ownership transfer in the name of G was completed on June 10, 2004 as to the real estate listed in paragraph (4) of the attached Table No. 3904 on June 10, 204 (hereinafter “fourth real estate”).

In addition, the registration of transfer of ownership in the name of G was completed on June 19, 1973 with respect to the real estate listed in the separate sheet Nos. 5 and 6 (hereinafter “the real estate of this case”) on June 19, 1973.

E. G died on March 14, 2008, and G’s inheritors agreed to divide the two real estate into the Defendant B, 1, 3, and 6, the deceased’s wife, and the Defendant C, the deceased’s children, to inherit each of them.

Accordingly, Defendant B completed the registration of ownership transfer for the second real estate by the Daegu District Court’s Dobong District Court’s receipt of April 23, 2008 as the receipt of No. 4757 on April 23, 2008, and Defendant C completed the registration of ownership transfer as the receipt of No. 4756 on April 23, 2008 with respect to the first, third, or six real estate.

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 5, 6, and Eul evidence No. 2.

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