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(영문) 수원지방법원 2017.12.22 2016가단21335
신탁해지를 원인으로 한 소유권이전등기
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. On May 15, 1947, the registration of ownership transfer (the cause of the sale on January 9, 1947) was completed under the J's name with respect to the I land, and on March 12, 1984, the registration of ownership transfer (the cause of sale on May 12, 197) was completed by 1/4 shares in the name of the defendant C and the network K, network L, and M.

B. On May 15, 1947, the ownership transfer registration (the cause of the sale on January 9, 1947) was completed under the J's name with respect to N land, and on August 10, 1981, the ownership transfer registration (the cause of the sale on May 12, 197) was completed by one-fourth share in the name of the defendant C and the net K, the network L, and M.

C. The deceased on March 30, 1998, and on October 8, 2002, the transfer registration of shares (the cause of inheritance by consultation and division on March 30, 1998) was completed in the name of Defendant B, the wife, with respect to each one-fourth share of the deceased K among the land in this case.

On July 7, 1992, Defendant E, D, F, G, and H inherited the deceased’s property, the wife and children, and Defendant E, F, G, and H died on August 30, 2016 after the instant lawsuit was filed, and Defendant E inherited the property of Defendant E, F, G, and H and took over the legal proceedings.

According to the court's confirmation, on August 23, 2016, the transfer registration of shares (the cause of inheritance by consultation and division on July 7, 1992) was completed in the name of Defendant D with respect to each one/4 of the net L among the land in this case.

E. Meanwhile, on the other hand, on July 22, 1994, registration of ownership transfer for each of the above shares was completed in the name of Defendant C, D, P, Q, and R, and on the other hand, from September 3, 2009 to August 4, 2010 on the ground that the registration of ownership transfer for each of the above shares was completed for the acquisition or expropriation of public land from September 3, 2009 to August 4, 2010.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 7, and 14 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The gist of the Plaintiff’s claim is that the Plaintiff is a clan that is composed of adult descendants, making Sc 17 years old descendants a joint ancestor, and the land of this case was owned by the Plaintiff. On December 22, 1910, the Plaintiff was under the name of 26 years old descendants U on May 15, 1947.

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