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(영문) 울산지방법원 2019.03.28 2018가단56819
지분이전등기
Text

1. Defendant B was dated May 30, 2018 with respect to one-third share of each real estate listed in the separate sheet to the Plaintiff.

Reasons

【Plaintiff’s Claim against Defendant B】

1. Indication of claim;

A. The plaintiff is a clan that makes the "F" of Emph 56 years of age as a joint ancestor.

The plaintiff maintained in the name of "G (H or I)" around 1979 and changed from around 1998 to its name.

The 63-year-old grandchildren, who are lineal descendants of the F, purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) and used it as property of the Plaintiff, and made it use as property of the Plaintiff. However, the registration of the transfer of ownership was made under the joint name of three (K, L, and M), including K, which is one of his children.

B. The instant real estate is a real estate title trust held by the Plaintiff or under the name of the said three persons.

The Defendants succeeded to the instant shares.

C. The Plaintiff terminated the title trust through the service of the duplicate of the instant complaint and sought the implementation of the ownership transfer registration procedure to Defendant B.

2. Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the plaintiff as a foreigner) (a claim made against Defendant C and D).

1. Basic facts

A. On December 13, 1922, the registration of ownership preservation was made in N’s name on the real estate listed in attached list No. 1, and the registration of ownership transfer was made in the name of L, M, and K on August 4, 1928.

With respect to L's portion, on May 4, 1976, the registration of ownership transfer has been made to O on the ground of inheritance by agreement division, and on July 6, 2010, to Defendant D on the ground of inheritance by agreement division.

With respect to the portion of M among the above real estate, each registration of ownership transfer was made to P on May 24, 1976 on the ground of family inheritance, to Q Q on the ground of inheritance by agreement division around February 16, 2004, and to Defendant C on November 20, 2009 on the ground of inheritance by agreement division.

On March 20, 1995, with respect to the above portion of the real estate, the registration of ownership transfer has been made to Defendant B on the ground of inheritance by agreement division.

B. On May 30, 1934, the real estate stated in paragraph 2 of the Schedule shall be registered in the name of R.

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