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(영문) 인천지방법원부천지원 2017.06.02 2016가단117171
소유권말소등기
Text

1. The Defendant shall make the Seoul Eastern District Court with respect to the Plaintiff’s share of 10,098/26,173 out of 3,739 square meters prior to Gangdong-gu Seoul Metropolitan Government.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff of the parties, etc. was a kick of the network D (Death on May 7, 1979, hereinafter “D”) and the network E (E, the wife of D and D (Death on February 28, 2015, hereinafter “E”) established under the chain of Defendant, F, G, H, H, network I (Death on April 7, 2016, hereinafter “I”), network J (hereinafter “J”) (hereinafter “Defendant, E, F, G, H, I, J, and C”).

B. On November 30, 1970, the ownership transfer registration was completed on February 5, 1971 due to the sale from the Plaintiff, L, M, and N with respect to the land of this case, the title trust No. 1, Gangdong-gu Seoul, Gangdong-gu, Seoul (hereinafter “instant land”). On June 28, 1996, Plaintiff 1870/3739 shares (hereinafter “instant land shares”), L595.15/3739 shares, M M 523/379 shares, and N37/39 shares, and ownership modification registration was completed on June 3739, 197. The instant land shares were registered under title trust (hereinafter “title trust”) with respect to the Plaintiff.

C. The Defendant and the remaining inheritors, who comprehensively succeeded to the trust status of the first title trust agreement upon the death of the second title trust D with respect to the instant land, concluded a title trust agreement (hereinafter “ second title trust”). On July 1, 1996, the ownership transfer registration (hereinafter “instant registration”) was completed in the name of the Defendant, one of the inheritors, on the ground of the termination of the title trust agreement as of June 21, 1996.

The remaining inheritors except the Defendant in the lawsuit related to the land of this case filed a lawsuit against the Defendant seeking the implementation of the procedure for ownership transfer registration based on the restoration of real name on the ground that the registration of this case was based on title trust and the registration of invalidity of cause under the main sentence of Article 4(2) of the Real Estate Real Name Act

However, with respect to the land share in this case, registration of ownership was made in the name of the above inheritor, or was made by law.

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