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(영문) 창원지방법원통영지원 2015.05.08 2013가단4141
명의신탁해지를 원인으로한 소유권이전등기
Text

1. Of the instant lawsuits, the part of the claim for the confirmation of existence of ownership against Defendant D and E shall be dismissed, respectively.

2.F at the same time.

Reasons

1. Basic facts

A. F 1078 square meters ( approximately 326 square meters; hereinafter referred to as “land before subdivision”) in F field, which was originally owned by Defendant C, was divided by following procedures, such as division and land category change.

F. F 1078 square meters (divided on May 2, 1997) F. F. F. F. F. 976 square meters (divided on March 17, 1999) F. F. F. 634 square meters (divided on April 14, 2004) F. F. 539 square meters, G. 76 square meters, J. 194 square meters, J. 224 square meters, G. 118 square meters, f. 42 square meters, f. 41 square meters, f. 42 square meters, f. 41 square meters, f. m., 1999)

B. P purchased approximately 65 square meters of land before subdivision from Defendant C, and completed the registration of ownership transfer on August 27, 1980 on shares of 65/326 shares, and P sold 63 square meters prior to purchase from Q, and finally completed the registration procedure for ownership transfer on shares of Q on June 24, 2003.

On the other hand, F 539 square meters (hereinafter “instant real estate”) are finally registered as the Plaintiff’s 63/326 shares, Defendant C’s 224/326 shares, Defendant E’s 2/326 shares, and Defendant D’s 37/326 shares through the following changes in equity.

F. Defendant C (224/326 shares) Defendant C (149/326 shares) (75/326 shares) R (5/326 shares) Defendant C (22/326 shares) Defendant C’s (65/326 shares) Defendant C P (65/326 shares) P (63/326 shares) Defendant C P (65/326 shares) Q Q Q Q Plaintiff (2/326 shares) Defendant E (37/326 shares) U.

C. Meanwhile, the land category of L field 71 square meters and H field 76 square meters was changed to each “road” thereafter, and the land category was changed as above, and the compensation for expropriation from the time of being admitted to a road was divided by each co-owner of the land before the division, including the Plaintiff and the Defendants.

In the case of Defendant D, “K 118 square meters specified and purchased them, and thereafter possess and use them until now, it stated that the instant real estate does not have any right as to the instant real estate.”

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 7 (including each number), the result of each survey and appraisal, the purport of the whole pleadings

2. Before the proposal.

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