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(영문) 대구지방법원김천지원 2014.05.28 2013가단9563
명의신탁해지를원인으로한소유권이전등기
Text

1. The Defendant shall terminate the trust in the name of September 4, 2013 with respect to the portion of 1/6 out of the real estate listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff clan is the defendant, E, F, G, the net H, the net I, the net J, K, and L are the members of the plaintiff clan, which are composed of descendants of the defendant, E, F, G, the net H, K, and L.

B. The land listed in the attached list (hereinafter “instant land”) was registered as one-six shares each in the name of E, F, G, network H, network I, and network J (hereinafter “E, etc.”) under the old Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, Dec. 31, 1978) as the receipt of September 29, 1979 by the Daegu District Court No. 20593, Sept. 29, 1979.

C. On January 11, 2012, the Defendant completed the registration of transfer of shares due to inheritance due to a consultation or division as of January 11, 2012 with the same registry office, as of January 11, 201, and April 12, 1991. K completed the registration of transfer of shares due to inheritance due to a consultation or division as of February 26, 2014, No. 13081, Mar. 1, 198, with respect to the shares of the deceased H among the instant land. L completed the registration of transfer of shares due to the inheritance due to a consultation or division as of March 26, 2014 with respect to the shares of the deceased J out of the instant land as of February 26, 2014, as the receipt of No. 13083, Feb. 26, 1990.

Plaintiff

In February 26, 2014, a clan completed the registration of transfer of shares on the grounds of termination of title trust on February 10, 2014 with respect to each of the instant shares of land from E, F, G, K, and L.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 33 (including branch numbers, if any) and the purport of the whole pleadings

2. The defendant asserts that the lawsuit of this case is unlawful since the plaintiff's clan did not have been formed around September 29, 1979, claiming that the plaintiff clan was not a legally organized clan, and that the plaintiff clan was engaged in title trust to E, etc.

A clan requires a special organization as a clan group of naturally created species for the purpose of the protection of graves, religious rites, and friendship among clans.

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