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(영문) 서울중앙지방법원 2017.11.09 2016가합563241
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The plaintiffs and the defendant are those between the deceased J and the deceased K.

The Network J died on March 17, 2001, and the Network K died on November 2, 2015.

On March 22, 1968, the registration of transfer of ownership in the name of the defendant was completed on the ground of sale with respect to the first 5 forest land I forest land (hereinafter “instant real estate”).

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 4, 6, and 14 (including a serial number) and the purport of the entire pleadings are asserted by the plaintiffs. The real estate of this case was registered under the name of the defendant in accordance with the title trust agreement between the original network J and the defendant. Since the grace period under Article 11 of the Act on the Registration of Real Estate under Actual Titleholder’s Name has expired without the real name registration under the name of the deceased J, the defendant is obligated to return the real estate of this case to the deceased J as unjust enrichment.

Therefore, the defendant is obligated to cancel the registration of ownership transfer with respect to the shares of this case corresponding to the shares inherited by the deceased J or to implement the registration procedures for ownership transfer due to the restoration of real name.

Judgment

The fact that the registration of transfer of ownership in the name of the defendant was completed on the instant real estate is as seen earlier, but it is not sufficient to recognize that the result of the party examination conducted by the plaintiff G alone had a title trust agreement on the instant real estate between the deceased J and the defendant, and there is no other evidence to acknowledge this otherwise.

In conclusion, the plaintiffs' claim is dismissed as it is without merit.

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