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(영문) 서울고등법원 2016.09.08 2016나2016144
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The plaintiff's lawsuit of this case, including the conjunctive claim added at the trial.

Reasons

1. Basic facts

A. On July 27, 1919, Defendant C’s tidal net P, on the land conditions and registration of initial ownership, was examined in its name as the instant real estate. The net P was the third part of the net Q, and there was a net R (type), net S (type), and net T (b) on March 12, 1971. 2) On March 12, 1971, the registration of initial ownership of the instant real estate was completed by 1/3 shares in respect of the instant real estate.

B. On July 14, 1995, Defendant C, the children of the networkO, completed the transfer registration for shares of 1/3 of the networkO on the instant real estate due to a consultation division. 2) On June 27, 1999, as the network N died on June 27, 199, six persons, including Defendant D, FG, H, I, and the children of Defendant E, FG, H, and I, jointly inherited shares of 1/3 of the network N on the instant real estate.

3) On August 28, 200, the Plaintiff completed the registration of transfer of shares due to the termination of title trust with respect to one-third portion of the network M on the instant real estate. The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 5 through 7, and the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

A. The Plaintiff in the primary claim is the actual owner of the instant real estate in the form of a small class formed by jointly setting up the 18 U of K K 18 U (the father of the deceased Q) as a joint group.

In the process of registration of initial ownership relating to the instant real estate on March 12, 1971, the Plaintiff entrusted three persons, such as the deceased M, the deceased N, and the deceasedO, who are members of the clan, and completed registration of initial ownership relating to the instant real estate under the above three persons (each one-third shares).

Since the Plaintiff, the heir of the network N and networkO, expressed his/her intent to terminate the title trust of the instant real estate by delivering a duplicate of the instant complaint to the Defendants, the Defendants are obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust with respect to the ownership shares of the instant real estate.

B. The part of the conjunctive claim is unique to the Plaintiff.

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