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(영문) 수원지방법원평택지원 2014.11.27 2013가단12230
명의신탁해지에인한소유권이전등기
Text

1. The Defendants: (a) on November 6, 2014, each relevant share indicated in the separate sheet with respect to the Plaintiff of Pyeongtaek-si M& 351.3 square meters; and (b) on the part of the Plaintiff.

Reasons

1. Basic facts

A. 586 square meters (hereinafter “the land before the instant replotting”) prior to Pyeongtaek-si’s sole possession of Defendant Pyeongtaek-si was divided into 416 square meters and 170 square meters prior to N on March 21, 197.

B. Before N, 416 square meters: M. 432.4 square meters and P. 526.6 square meters, and 170 square meters prior to P.M. were each substituted with Q. 343.8 square meters and R. 214.9 square meters, respectively.

(hereinafter “instant land substitution”). C.

Plux 526.6 square meters were divided into Plux 204.6 square meters and Slux 322 square meters on February 1, 1999.

Mga 432.4 square meters was divided into Mga 351.3 square meters on March 19, 2002 (hereinafter “instant land”) and T 81.1 square meters on T 81 square meters.

E. In around 1984, the Plaintiff entered into a loan agreement for use with U for the purpose of owning a building on the instant land.

F. U around that time, newly constructed a single-story house on the instant land (hereinafter “instant house”) and registered the instant house in the building ledger on February 9, 1984, and completed registration of preservation of ownership on April 25, 2013.

G. On the register of the instant land, the Plaintiff, Defendant B, C, D, E, F, Daeyang Mutual Saving and Finance Company, Pyeongtaek-si, G, and the Non-Party Network H (hereinafter collectively referred to as the “registered titleholder”) are indicated as the owner of each relevant share indicated in the separate sheet.

H. The deceased died on May 23, 2009, and Defendant I inherited the deceased jointly in proportion to 3/9, Defendant J, K, and L, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Defendant Pyeongtaek-si sold part of the land before the instant land substitution to another person by specifying the location and size of the land before the instant land substitution, and completed the registration of co-ownership transfer for convenience after land substitution, and the mutual title trust relationship between the registered titleholders with respect to the land after land substitution was established, and the mutual title trust relationship remains until now.

B. Specifically, Nonparty V is out of the land before the instant land substitution from Defendant Pyeongtaek-si.

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