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(영문) 창원지방법원 2015.08.11 2014가단80948
소유권이전등기
Text

1. The Defendants: (a) on August 13, 2014, with respect to shares of 1/2 in relation to shares of 1/5 of G forest land 48,694 square meters in Kim Sea-si, the Plaintiff as to shares of 1/5.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff’s share of 1/2 of G forest 48,694 square meters (hereinafter “instant real estate”) is the real estate in title trust with the Plaintiff’s father, and that the Plaintiff should register the ownership transfer of the network H’s share among the instant real estate to the Plaintiff, since the title trust was terminated to the inheritor, the Defendants asserted that the share of 1/2 of the instant real estate is the personal property of the deceased H.

B. As a result of the fact-finding on Gap evidence Nos. 1 through 6 (including the branch numbers), the fact-finding on the I pages, and the witness J's testimony, comprehensively taking into account the purport of the entire pleadings, the plaintiff LJ, such as the plaintiff in the process of his lawsuit in the K Gongmm (hereinafter referred to as "H") purchased the real estate of this case in January 1969 and completed the registration of transfer of ownership in the name of 1/2 shares of the deceased H and L, a representative of the plaintiff clan, at the time of the purchase of the real estate of this case in the name of 1/1969, and two clans jointly managed the real estate of this case. Since M thereafter completed the registration of transfer of ownership in the name of L, which is his own clan, and there is a grave of two clans, among the real estate of this case, it is determined that the plaintiff trusted the ownership of H to H.

Comprehensively taking account of the aforementioned evidence, H died on October 26, 2001, and succeeded to H according to the respective shares of inheritance by Nonparty N and the Defendants (the mamO was already dead on or around 1945, before marriage). around April 15, 2015, N succeeded to N according to the respective shares of inheritance (1/5) by the Defendants, and the Plaintiff’s termination of title trust against N who succeeded to H as the instant complaint and the Defendants, among the instant real estate, is obvious in the record. The Defendants, barring special circumstances, share of H 1/2 of the instant real estate due to the termination of title trust by the Plaintiff on August 13, 2014.

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