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(영문) 전주지방법원남원지원 2015.05.13 2013가단5139
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B’s clan (hereinafter “Defendant B’s clan”) is a clan in which U 18 years old V is a common ancestor.

The plaintiff is a clan that has U 19 years of age W(V second son, first son X) as a joint ancestor.

B. Each real estate listed in the separate sheet (hereinafter “each forest of this case”) was assessed in the name of Y, Z around 1920, U.S. 23 years old.

C. The Z died around 1950.

Defendant D is the sole heir of Z. D.

AA, AB, AC, and AD completed registration of initial ownership in relation to each forest of this case on January 29, 1971.

The remaining Defendants except Defendant clans and Defendant D are successors of the above AA, AB, AC, and AD.

(hereinafter referred to as “the Defendant’s heir”). (e)

The defendant clan completed the registration of ownership transfer on October 11, 1994 with respect to each forest of this case on the ground of donation on May 10, 1981.

【Ground for recognition】 The fact that there has been no dispute, Gap’s 1 through 8, 14, 15, Eul’s 5 through 7, 10, 11, 13, and 14, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Under the basic premise, each forest land of this case was purchased by the members of the plaintiff clan and shared 1/2 shares in each of the plaintiff clans and the defendant clans. At the time of circumstances, the plaintiff clans were held in title trust in the future, and Y in the defendant clans.

B. Since the Plaintiff’s claim against the Defendant clan and the Defendant’s heir terminated the above title trust agreement with respect to Z, the Defendant D is obligated to implement the registration procedure for ownership transfer of 1/2 of the forest land of this case due to the Plaintiff’s title trust.

Plaintiff

In order to preserve the right to claim the above transfer registration of ownership against Defendant D, ① Defendant D’s right to claim the cancellation of ownership transfer registration for 1/2 of the forest land in this case against Defendant D, ② the right to claim the cancellation of ownership registration of shares in the corresponding portion of the forest land in this case against Defendant heir.

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