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(영문) 대구지방법원상주지원 2016.06.08 2015가단2910
소유권이전등기
Text

1. The plaintiff

(a) The Selection C shall provide for shares of 1/15 of each of the real estate listed in the Schedule of Attached 1:

(b) annex.

Reasons

1. Basic facts

A. The plaintiff is a clan that makes K as a successor of J as a joint ancestor.

B.1) Nonparty 1 (Death at around 2003) was the co-ownership right holder of 1/15 shares of each of the real estate listed in the separate sheet No. 1 and 2. (2) The Appointor C, who is the grandchildren, filed a complete registration of transfer of all shares due to inheritance by agreement division on September 5, 2003, on February 11, 201, with respect to each of the real estate listed in the separate sheet No. 1 list No. 1. 1/15 shares.

C. The Defendant (Appointed Party) and the appointed parties are L’s successors. Each inheritance share is 3/165 of the designated parties D, 2/165 of the designated parties E, 2/165 of the Defendant (Appointed Party) and 2/165 of the designated parties, 2/495 of the designated parties, 3/1485 of the designated parties C, 4/1485 of the designated parties, and 2/165 of the designated parties I.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. In full view of the following facts, it is reasonable to view that the actual owner of each 1/15 share of each real estate listed in the separate sheet is the plaintiff clan, and the plaintiff clan was in title trust in the L, taking into account the following facts, comprehensively considering the judgment on the cause of the claim 1: the basic facts; the above evidence; the evidence No. 4 and No. 8; the evidence No. 4 and No. 8; and the witness M’s testimony:

① Co-owners of each real estate listed in the attached list had 15 persons including L as the registration titleholder around 1983, and thereafter, the co-ownership relationship has been maintained in the number as a substitute.

In addition, co-owners have organized a voluntary organization under the name of "N" and managed real estate.

However, rather than being registered as L as its N members, O, the representative of the plaintiff clan, is registered.

This means that a person who actually exercises the right to share in the L ownership of each of the above immovables is the plaintiff clan.

(2) The actual plaintiff's clans shall have long run rental income, etc. from each of the above real estate.

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