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(영문) 대전지방법원논산지원 2015.07.23 2015가단1072
소유권이전등기 등
Text

1. Defendant C shall enter the shares of 1/7 and paragraph 3 of the same list among the real estate listed in paragraph 2 of the attached Table to Defendant B.

Reasons

1. On August 27, 1981, the Plaintiff’s indication of the claim completed the registration of ownership transfer under title trust with 1/7 shares in attached list Nos. 1 and 2 to D, E, F, G, H, I, and Defendant B-7, and completed the registration of ownership transfer under title trust with 1/8 shares in attached list Nos. 3 to D, E, J, K, K, L, H, I, I, and Defendant B-8, and completed the registration of ownership transfer under the above eight names on August 29, 1981.

However, even though Defendant B was requested by the Plaintiff to return the shares registered in Defendant B’s name among each of the real estate listed in the separate sheet, Defendant C, his own children on January 27, 2015, donated 1/7 shares among the real estate listed in the separate sheet No. 2 and 1/8 shares among the real estate listed in the separate sheet No. 3, and Defendant C completed the registration of transfer of ownership in its own name with respect to 1/7 shares among the real estate listed in the separate sheet No. 2 and 1/8 shares among the real estate listed in the separate sheet No. 3 on January 28, 2015.

However, the above gift contract concluded between the Defendants is invalid as a false representation by a conspiracy or an anti-social legal act.

In addition, the Plaintiff’s delivery of a duplicate of the complaint of this case and the title trust agreement between the Plaintiff and the Defendant B with respect to 1/7 shares out of each real estate listed in the separate sheet Nos. 1 and 2, and with the delivery of a duplicate of the application for modification of the purport of the claim as of June 24, 2015, the Plaintiff terminated the title trust agreement between the Plaintiff and the Defendant B with respect to 1/8 shares out of the real estate listed in the separate sheet No. 3 as of June 24, 2015. Accordingly, upon the Plaintiff’s subrogation claim, the Defendant C is obligated to perform the registration procedure for cancellation of ownership transfer registration as to 1/7 shares out of the real estate listed in the separate sheet No. 2 and 1/8 shares out of the real estate listed in the separate sheet No. 3 as the preserved right, and Defendant B is obligated to perform the registration procedure

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