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(영문) 광주고등법원 2018.06.08 2017나12065
부동산소유권이전등기말소등기 등
Text

1. The plaintiff's appeal is all dismissed.

2. The plaintiff brought an action to change the claim in exchange in this court.

Reasons

1. The reasoning for this part of the judgment of the court is the same as the part concerning the recognition of the reasoning of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article

(However, among the pertinent parts, “attached Form 1” and “attached Form 2” are “attached Form 4” of this Judgment). 2. The Plaintiff’s assertion

A. The plaintiff claiming for registration of transfer of ownership and cancellation is a clan formed for the purpose of the protection of graves, religious services, and friendship among clan members with BY, 21 years old, as a joint ancestor group.

The plaintiff acquired real estate listed in the list of real estate in attached Form 4 in the joint name of family members and held title trust to the network BJ, BW, BK, BU, and CB, and the defendants, who are their successors, succeeded to the status of the title trustee of the real estate listed in the list of real estate in attached Form 4.

However, the Plaintiff, other than Defendant BF, declared that a title trust agreement was terminated by serving a duplicate of the application form to modify the purport of the claim and the cause of the claim on November 8, 2016 with respect to the remainder of the Defendants except Defendant BF, and thus, the Defendants are obligated to implement the registration procedure for ownership transfer based on the termination of title trust with respect to the inheritance shares in the real estate listed in the attached Form 4, as stated in

On the other hand, Defendant BF requested the net BK to dispose of the shares of the net BK on the real property listed in [Attachment 4] Nos. 1 and 2 of the list of real property held in title by the Plaintiff clan with the knowledge that it was a property trusted by the Plaintiff’s clan, and actively participated in the act of breach of trust.

The defendant BF's act is a juristic act of anti-social order and the registration of the transfer of the share of the pertinent real estate is null and void.

Therefore, Defendant BF is obligated to implement the procedure for cancellation of ownership transfer registration to the heir of the network BK.

B. Items 3 and 4 of [Attachment 4] List of Real Estate Claim for Return of Unjust Enrichment

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