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(영문) 청주지방법원 2018.11.29 2017가합202972
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant are children of the deceased E (the deceased on January 13, 2017, hereinafter “the deceased”).

(The defendant was born in 1955 and was the south of the deceased) B.

1) On September 30, 1988, the registration of ownership transfer was completed as to the share of 44.4/9, which was registered in the name G, from among the land of Yongsan-gu Seoul Metropolitan Government 4,075 and Hobbebbeh, Yongsan-gu, Seoul, which was located in G, on September 30, 198. 2) The Defendant completed the registration of ownership transfer as to the land listed in attached Table No. 1 (hereinafter “instant land”) in the annexed Table No. 1 (hereinafter “instant land”) around December 27, 207, as the land before subdivision was divided between co-owners.

C. On 1990 after the removal of the existing building on the instant land, the building listed in attached Table No. 2 (hereinafter “instant building”) was newly constructed, and the owner at the time was the Defendant.

Around December 3, 1990, the defendant completed registration of preservation of ownership of the building of this case in the name of the defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 16, 29, 33, Eul evidence 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the claim for ownership transfer registration based on the termination of title trust among the primary claims

A. The plaintiffs alleged that the land of this case was purchased from G and title trust was held to the defendant. The building of this case was newly constructed by the deceased's own cost and effort, and it was title trust to the defendant after original acquisition of ownership.

The Plaintiffs succeeded to the status of the title truster upon the death of the deceased, and terminated the said title trust agreement upon the delivery of a duplicate of the instant complaint and a preparatory document dated July 17, 2018.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on the ground of termination of title trust with respect to each of the shares of 1/4 shares among the land and buildings in this case.

(b) judgment 1-related legal principles generally.

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