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(영문) 대구지방법원서부지원 2017.06.13 2016가단15604
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.The following facts of recognition are not disputed between the parties, or may be found upon full consideration of the entries in Gap evidence 1 to 3 and the whole purport of the pleadings:

The plaintiff was established for the purpose of establishing the office in Daegu-gun D's E with the aim of covering the expenses incurred in Seowon-won's office.

B. The instant real estate was under F’s circumstances.

As the F died on August 17, 1931, the registration of ownership transfer was completed in the name of the South-Namnam G with respect to the instant real estate.

After April 15, 1985, the defendant completed the registration of ownership transfer on the ground of sale as of March 5, 1972 in accordance with the procedure of the former Act on Special Measures for the Registration of Ownership Transfer.

C. On September 2, 2016, the Plaintiff’s members resolved to file a lawsuit to proceed with the procedure for ownership transfer registration of the instant real estate.

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the instant real estate was registered in the name of G, which was the Plaintiff’s property under title trust with F, which was the cause of the clan clan’s clan, after the F’s death.

However, I has been permitted to cultivate the real estate of this case from the clan in the early 1900s with the permission to cultivate the real estate of this case as dry field.

I transferred the right to cultivate to the Dong of G with the consent of the above clan.

On the other hand, J completed the registration in the name of the defendant on April 15, 1985, as the representative of the plaintiff.

Ultimately, the instant real estate is the real estate owned by the Plaintiff, and the Defendant should implement the procedure for ownership transfer registration on the ground of termination of title trust to the Plaintiff.

B. The Defendant’s assertion that the instant real estate was held in title trust by the Plaintiff, with the consent of L, a successor to G at the time when the J was divided, was completed under the name of the Defendant in accordance with the procedure of the said special measures.

C. Judgment No. 4-2

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