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(영문) 서울중앙지방법원 2014.10.14 2014가합33012
소유권말소등기
Text

1. The plaintiff A's lawsuit against the defendant C shall be dismissed.

2. Defendant D Branch shall set forth in [Attachment List 3, 4, 6, and 7] to Plaintiff B.

Reasons

1. Basic facts

A. The parties’ status 1) E 14th E 14th H, 2 South H, 3 South Ha, 4 South J, 5 South K, and 4 South J made son L and M, and Defendant D clan (hereinafter “Defendant clan”)

(2) The plaintiff A is a member of the clan of the defendant clan who is a representative of the clan of the defendant clan of the 15th to 4th J., and the defendant C is a member of the clan of the 8th to 8th to 15th to 4th to J.

B. The mountain of the defendant clan 1 and the mountain of the defendant clan 1 were assessed as follows according to the land situation in 1920. A) On June 29, 1953, the mountain of the defendant clan and the mountain of the clan were assessed as follows. A) The land N in Gwangju-si prior to the division (hereinafter referred to as the "N land"; hereinafter referred to as the "N land") and the land in the attached list 3-O land, the attached list 4-P land, the attached list 5-P land: the owner state (state) and the related party R. 2-S land: N land and S land were assessed as owner R. 2) and the restoration registration (hereinafter referred to as the "the restoration registration of this case").

Since December 8, 1973, the above N-owned land was divided into the land in Annex 1 T, Annex 6 U land in Annex 6, Annex 3, Section 7, V land in Annex 7.

3) P/O land and P land shall be registered on June 29, 1981; Q land shall be registered on January 15, 1983 in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate under the former Act on Special Measures for the Registration of Ownership, etc. (hereinafter “instant ownership preservation”).

(c) On July 3, 2008, the defendant clan 1) filed a lawsuit claiming the transfer of ownership (hereinafter “the first case”) against the defendant C by asserting that “each land listed in the attached list is a title trust with the defendant clan C” and filing a new lawsuit claiming the transfer of ownership (hereinafter “the first case”) on the ground of termination of title trust under the Seoul Eastern District Court Decision 2008Gahap9844, the above court rendered a judgment dismissing the claim of the defendant clan on April 3, 2009.

2. The defendant clans Seoul High Court.

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