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(영문) 창원지방법원마산지원 2017.11.15 2015가단6961
소유권이전등기
Text

1. The Plaintiff is not less than 2,142 square meters of a cemetery in Gyeongnam-gun, Gyeongnam-gun;

A. As to the 5/60 shares, Defendant B’s title trust on January 24, 2017.

Reasons

1. Indication of claim;

A. The Plaintiff clan is a clan that is composed of 24 years of age members of MC, MC N, which is jointly set up, and entered into a title trust agreement with Nonparty P and Q on the land set forth in the Disposition No. 1 (hereinafter “instant land”). P and Q completed the ownership transfer registration for each of the instant land.

B. P died on March 26, 1950, and Non-party 1, who died on July 15, 1943 prior to the death of Non-party 2, I, J and P, Non-party 1, who is the second South of the R, succeeded to inheritance and inheritance by representation at the ratio of 1:3.

C. On April 9, 2012, S died after having been a bereaved family member as Defendant K and died.

Q died on August 30, 1949, and Nonparty C (U prior to the opening of the name) inherited as the family heir, and upon the death of T on May 14, 1988, C, Defendant C, Defendant D, and Nonparty C, as the wife’s heir, succeeded to the net T: 2:2.

E. V, upon the death of January 1, 1990, succeeded to the property of Defendant C, D and W by Defendant C, D and W by 1: 1:1.

F. W on October 13, 2003, as the wife died on October 13, 2003, Defendant E, Defendant F, G, and H inherited at the ratio of 2:2:00.

G. Accordingly, Defendant B, I, and J among the land in this case, each of the 5/60 shares [=1/12 (1/2 x 1/6)] shares, Defendant K succeeds to 15/60 [1/2 x 3/60] shares, Defendant C succeeds to 12/60 [4/20 (1/2 x 3/10 x 3/20 x 1/3)] shares, DefendantD succeeds to 9/60 [3/20 (2/10 x 3/20 x 1/20 x 1/3)] shares, Defendant E succeeds to 3/60 (9/60 x 9/60 x 3/9) shares, Defendant F, G, and H succeed to 2/60 (9/60 x 2/9) shares, respectively.

H. The Plaintiff clan terminated the above title trust agreement by serving the written complaint of this case, the purport of the claim, and the duplicate of the application for the modification of the cause of the claim.

2. Grounds;

(a) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

B. The remaining Defendants: Each judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act)

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