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(영문) 수원지방법원 2013.12.31 2013가합13750
공탁금출급청구권 확인
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The reason why title trust and division of land was conducted on the land before the division (1) is that the defendant is naturally formed for the purpose of the ancestor worship, including the 14 years old E's cemetery, which is composed of descendants of C, who are descendants of C, who are the time group of BC, for the purpose of the religious rites for the ancestor, the protection and preservation of graves, the friendship among the members of the clan.

(2) The Defendant, on November 26, 1971, respectively, held a title trust with H (Death on March 5, 2001), I (Death on April 3, 1989), and J with respect to one-third of the aforementioned lands under the name of H, I, and J, respectively, and registered the preservation of ownership with respect to one-third of each of the above lands under the name of H, J, and J.

(3) On June 7, 2003, F land was divided into 14,568 square meters of F forest, 4,347 square meters of K forest, and 3,208 square meters of L forest. ① Among them, on September 3, 2007, K forest 4,347 square meters of K forest was converted into 4,448 square meters of land in Yong-si, Young-gu, Chungcheongnam-si, Chungcheongnam-si, G236 square meters of land, O forest 46 square meters, and P forest 3,319 square meters. On May 26, 2009, F land was divided into 15 square meters of Q forest and 46 square meters of land, 3,319 square meters of forest and 45 square meters of forest and 97 square meters of forest and 97 square meters of forest and 97 square meters of forest and 97 square meters of forest and 98 square meters of forest and 97, forest and 974 square meters of forest were subdivided.

(4) In addition, on August 29, 2006, G land was divided into 139 square meters of U forest, V forest and 69 square meters of land, and 817 square meters of W forest and 817 square meters of land in Yeongdeungpo-gu, Chungcheongnam-gu, Incheon-si, for the correction and registration conversion of registered matters into 1,025 square meters of land, and was further subdivided into 668 square meters of X forest and 149 square meters of W forest and 2008.

B. The circumstances leading up to the termination of title trust and the registration of ownership transfer under the Plaintiff’s name (1) against H, I, and J, etc., the trustee of title.

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