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(영문) 광주지방법원 2020.05.14 2019가단22130
소유권이전등기
Text

1. The Defendants: (a) on April 2020, with respect to each share indicated in the separate sheet No. 2536 square meters in the Jeonyang-gun Palan-gun, Jeonyang-gun, the Plaintiff.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on October 10, 1975 with respect to Q, R, and S on August 20, 1975 with respect to the land of 2536 square meters in Jeonyang-gun P, Jeonyang-gun P, Jeonyang-gun (hereinafter “instant land”).

B. On March 10, 1993, Gohap died on September 5, 1998, Gohap, and the land of this case was owned solely by Q Q.

C. Q and R were the U.S. U.S.’ in the Jeonyang-gun T, and S were U.S. U.D.

Q died on November 29, 200, and the Defendants inherited Q’s property as shown in the annexed family registry No. 1, and the Defendants’ inheritance shares are as listed in the annexed family registry No. 2.

E. The Plaintiff is well-known by U.S., and U.S., around December 2019, U.S. acquired the right to claim the ownership transfer registration of the instant land from U.S. to the Defendants for termination of title trust.

F. On December 4, 2019, U.S. notified the Defendants of the termination of title trust on the instant land, and sent to the Plaintiff the content-certified mail verifying that he/she transferred the right to claim the registration of ownership transfer based on the termination of title trust.

사. 이 사건 토지는 U사의 불양답(佛糧畓, 승려들의 식량을 조달할 목적으로 경작되는 농지)으로 사용되고 있다.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. The following circumstances acknowledged by Gap evidence Nos. 13 and 14, namely, ① R, one of the co-owners of the land of this case, prepared and executed a certificate of title trust real estate on or around December 8, 1995 that the land of this case was held under title trust by U.S., ② The registration of transfer of ownership was completed due to joint ownership in Qu, R, and S future land (the majority of registered by the title trustee in the form of joint ownership in order to prevent the title trustee from arbitrarily disposing of his/her share on the land of this case). ③ This case’s land was registered in the form of joint ownership (the majority of registered in order to prevent the title trustee from arbitrarily disposing of his/her share on the land of this case)

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