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(영문) 서울중앙지방법원 2018.06.21 2017나68273
소유권이전등기
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff, the appointed party) and the counterclaim claim filed in the trial are dismissed.

2...

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff is a clan consisting of the descendants of AM as its members, and the Defendants and the co-defendants of the first instance trial are the co-owners of Nonparty AO, one of six co-owners on the register of each land listed in the separate sheet No. 1 (hereinafter “each land of this case”).

B. Each land of this case was registered in title by the network AO, network AP, net AP, network AR, network AS, network AS, and network AT, and on November 15, 1965, registration of ownership preservation was completed in the name of the deceased as to each land of this case on November 15, 1965.

C. Meanwhile, as a result of the deceased AO’s death and the inheritance before the transfer, the Defendants and the co-defendants of the first instance court as to each of the instant lands are indicated in the column for “instant claim shares” in the attached Table 2.

(In the case of defendants, the number 26 to 34). [Ground of recognition] The fact that there is no dispute, each entry in Gap evidence 2 through 8 (including branch numbers), and the purport of the whole pleadings.

2. According to the above facts of recognition as to the claim of this lawsuit, the defendants succeeded to the status of the deceased AO trustee as to the shares stated in the column of "the claim shares" in the table Nos. 26 through 34 of the table No. 2 of this case among each land of this case. Since the facts that the copy of the complaint of this case, in which the plaintiff's declaration of intent to terminate the title trust, was delivered to the defendants on the date stated in the column No. 26 to 34 of the table No. 2 of the table No. 2 of this case, the title trust agreement between the plaintiff and the defendants was lawfully terminated.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust on the date of service of a copy of each complaint with respect to the share in the attached table 2 of the instant land to the Plaintiff.

The defendants bear the costs of the lawsuit even though the plaintiff did not bear the costs of the lawsuit.

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