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(영문) 춘천지방법원 2014.10.07 2013가단8574
명의신탁해지에 의한 소유권이전등기
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. C owned 2,457 square meters (hereinafter “the land before the instant subdivision,” which became 8,122 square meters per unit conversion) in Gangwon-do, Gangwon-do, Gangwon-do, prior to subdivision. Since around 1962, some of the said land was sold to a third party by specifying the location and size of the said land.

B. The land prior to the instant partition was divided into the land cadastre of the part sold with a specific specification from April 3, 1974. However, around April 16, 1993, the registration injury was divided into several parcels, such as the land and the 13 square meters in size in the separate sheet No. 1, 205 square meters (hereinafter “each land of this case”).

C. The Plaintiff’s decedent G or the Plaintiff purchased each of the instant land via the above C, etc., but the said land was not divided into a registration injury at the time of its initial purchase, and thus the registration of ownership transfer was completed with respect to the instant land prior to the division as a sharing share corresponding to the size of the said

G died on January 14, 2006, and on May 29, 2006, the Plaintiff completed the registration of ownership transfer on the ground of inheritance in consultation division with respect to the share 62/2457 out of each land of this case.

E. After the purchase of each of the instant land, the Plaintiff occupied and used the land as a site after clearly indicating the boundary between the remaining land before the instant partition and the land before the instant partition. He, I, J, K, L, M, M, N, Jeju-gun, the Korean Senior Citizens Association Association Association, the Korea Senior Citizens Association Association, the Korean Senior Citizens Association Association, the K KI new Tynam Association, P, and Q specifying the remaining land before the instant subdivision, and purchased or owned each of the instant land as co-ownership with the Plaintiff for the same reason.

F. Meanwhile, the Defendant’s registration of the transfer of ownership based on a compulsory auction as to Q’s share of co-ownership 528/2457 among each land listed in the separate sheet No. 1 as of July 8, 2011.

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