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(영문) 수원지방법원 2016.11.17 2016가단513803
소유권이전등기
Text

1. The defendant has caused the termination of title trust with respect to the share 2/28 of the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a clan comprised of the descendants of C.

B. On August 22, 1928, the registration of ownership preservation was completed in the future on August 22, 1928, and on June 23, 1938, E and 12, respectively, the registration of ownership transfer was completed.

In addition, the registration of transfer of ownership based on the sale and purchase as of August 17, 1971, which was received on August 17, 1971, was completed in the name of the defendant father F, G, H, I, and I, respectively.

Since then, the registration of transfer of ownership was completed in the future of the defendant with respect to F shares in the forest of this case as the Suwon District Court's Suwon District Court's Order No. 124570 on September 2, 2003, which was received as of September 1, 2003.

C. The Plaintiff: (a) held title trust with E and 12 persons around 1938 regarding the instant forest and field around 1938; (b) again held title trust with F and 3 others in 1971.

The F died on February 28, 2004, and the spouse, J and K, respectively, succeeded to F with the defendant and his lineal descendant.

E. The Plaintiff filed a claim for the registration of ownership transfer on the ground of the cancellation of title trust with respect to each ownership and shares of the Defendant, the registered titleholder of the instant forest, or his/her successors, as Suwon District Court Decision No. 2011Ga476.

On December 16, 2011, the above court rendered a judgment accepting all the remaining claims of the plaintiff except the defendant except for the defendant, but the defendant's claim against the defendant against the defendant was finalized at that time because the gift made from September 1, 2003 to the defendant F, a title trustee, sold the entrusted real estate to a third party, and the defendant lawfully acquired the ownership of 1/4 of the forest land of this case, and the title trust relationship between the plaintiff and F is extinguished, and thus the plaintiff cannot file a claim for the registration of ownership transfer with the defendant. In determining that the title trust relationship between the plaintiff and F is extinguished, the judgment dismissing the plaintiff's claim (hereinafter referred to as "the judgment dismissing the prior suit") was rendered, and the above judgment against the defendant was finalized at that time.

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