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(영문) 의정부지방법원 2016.01.08 2015가합53350
소유권이전등기
Text

1. The Defendant terminated the title trust on July 23, 2014 with respect to the real estate stated in attached Table 1. List 1.1 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan that is naturally created for the purpose of promoting the friendship of his descendants and the descendants, who are the 19-year-old grandchildren of C, jointly set up in C, for the purpose of raising their friendship.

The defendant is the plaintiff's accessory loss.

B. The details of each of the lands listed in the separate sheet No. 1. (hereinafter “each of the lands of this case”) are as follows, and each of the lands subject to the assessment became each of the lands of this case subject to the subsequent change of administrative district, etc.

The summary of the land survey division concerning each of the instant lands is indicated as “severable property”.

E, the following table, is the defendant's evidence.

Land indicated in attached Form 1. List 2 of Attached 1.3. 3. 1, 1914, G 1.3. 5, 1914, G 1.3.3. 5, 1914, the land indicated in attached Table 1. 5, 1.

C. On April 10, 1957, the Defendant completed the registration of ownership transfer with respect to the land listed in [Attachment 1] List 2, and completed the registration of ownership transfer pursuant to the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 4502, invalidation, and hereinafter “Special Measures Act”) on June 13, 1995.

On June 4, 2009, the defendant completed the registration of ownership transfer on the ground of the gift dated June 2, 2009 with respect to the land listed in Annex 1. List 2 to H, one of his children, as to the land indicated in Annex 1. List 2.

In around 2011, the Plaintiff filed a lawsuit against the Defendant for the implementation of the procedure for ownership transfer registration on the ground of termination of title trust with respect to each of the above lands, claiming that the land listed in the list of Attached Table 2 is owned by the Plaintiff who held title trust with the Defendant. On the ground that the first instance court (Jibu District Court Decision 201Gahap6523) stated that the land survey on the land listed in Attached Table 2 No. 23, Aug. 23, 2012 is an “second-class property,” while there is no entry of “second-class property,” in the column of the land survey division on the remaining land except the above land.

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