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(영문) 서울중앙지방법원 2016.12.02 2016가합4513
명의신탁해지를 원인으로한소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

Plaintiff’s assertion

The Plaintiff, a clan registered as a Si with A5 years of age D, had a family funeral in Eunpyeong-gu Seoul Metropolitan Government E Forest land E 18,012 square meters and F forest land 10,909 square meters (hereinafter referred to as “the land before division”), and had a family funeral in the same space.

The plaintiff held a title trust on the land before the division to the defendant's father F, the partner of the plaintiff clan. After the death of F, the defendant succeeded to the land before the division, and the registration of ownership preservation was completed on November 5, 1964.

Meanwhile, among the lands before subdivision, the size of 18,012 square meters of Eunpyeong-gu Seoul E Forest was divided into each real estate listed in the attached Table 1 through (4) on January 3, 2013, and the real estate listed in the attached Table 5 (hereinafter “instant land”) in Eunpyeong-gu Seoul Metropolitan Government on the same day was divided into the real estate listed in the attached Table 10,909 square meters of G forest and field on the same day and the land listed in the attached Table 5 (hereinafter “instant real estate”) and

However, as redevelopment was conducted on the whole land before subdivision, the defendant arbitrarily disposed of the land by dividing it into part, and the plaintiff demanded the defendant to transfer the ownership of the land before subdivision, but the defendant rejected this request.

Accordingly, on June 28, 2010, the Plaintiff filed a lawsuit against the Defendant for ownership transfer registration in this Court (No. 2009Gahap140473) and concluded the following conciliation on June 28, 2010:

(hereinafter referred to as “instant mediation”). 1. The Defendant provided the Plaintiff with the land before the division so that the Plaintiff’s clan can use and benefit from it for the purpose of common use.

2. The methods of using and earning profits from the land before the division shall be dealt with by both the plaintiff and the defendant.

3. The defendant shall not dispose of the land before further subdivision.

Provided, That where a public project proprietor, such as the State, purchases the above land by compulsory purchase, such as expropriation, the defendant shall deal with compensation, etc. (all the amount acquired by the land before division, regardless of the name thereof, in consultation with

However, it is divided after the conciliation of this case.

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