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(영문) 서울서부지방법원 2015.11.04 2014가합38135 (1)
소유권이전등기말소등
Text

1. Defendant D:

(a) annex 1.3;

2.With respect to shares in 2/13 of each immovable property to be entered.

Reasons

1. Basic facts

A. The plaintiff is listed in the attached list 1.

2. A title trust agreement is concluded with B (the first co-defendants of this case, but the lawsuit was terminated by a certain judgment rendered on June 19, 2015, which became final and conclusive around that time) during the possession of each of the real estate recorded as “C real estate” (hereinafter “C real estate”), and after completing the registration of ownership transfer on August 31, 1983, a title trust agreement is concluded with B, who is the second spouse, and completed the registration of ownership transfer from B on June 27, 198.

B. Meanwhile, the attached list between I in 1989 and I in 1989

3. As to the indicated real estate (hereinafter “Do-do real estate”), a title trust agreement was concluded with the J on the ground that I was the owner, and the registration of ownership transfer was completed in the name of I on May 20, 1996.

C. On the other hand, on May 15, 2014, I testamentary gifts of the real estate of C and Jeju-do (hereinafter “each of the instant real estate”) to Defendant E, G, and H, each of whom consists of one-third shares, respectively.

“The testamentary gift of this case” (No. 569, 2014, No. 569, No. 2010)

8. The Defendant E et al. died on October 25, 200, and three of Defendant E et al. completed the registration of ownership transfer based on the instant legacy with respect to each of 1/3 shares of Jeju-do real estate and C real estate on October 28, 100.

All Defendants, including Defendant E, are children between the Plaintiff and I, and the Plaintiff and I’s property successors.

E. Meanwhile, the Plaintiff declared to the Defendants that each title trust agreement on each of the instant real estate between the Plaintiff and I was terminated by serving a duplicate of the instant complaint on the Defendants.

[Reasons for Recognition] Defendant D: The remaining Defendants of confessions: The absence of dispute, Gap 2-1, 2-2, 4, 5, 7-1 through 8, the testimony of J and the purport of the whole pleadings

2. In addition to the above facts of recognition as to the claim against Defendant D, each title trust agreement on each of the instant real estate between the Plaintiff and I is against Defendant D.

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