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(영문) 대전고등법원 (청주) 2018.07.04 2017재나24
소유권이전등기
Text

1. The lawsuit of this case shall be dismissed.

2. The plaintiff shall bear the costs of retrial.

The purport of the claim, appeal, and the purport of appeal.

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

The Plaintiff filed the instant lawsuit against the Defendant, etc. against the Defendants (However, Defendant BB, BC, BD, BE, and BF are the co-defendants of the first instance court, who died on November 5, 2016, and Co-Defendant D of the first instance court, claimed the following facts as Cheongju District Court 2012Gahap5589, Cheongju District Court. The implementation of the ownership transfer registration procedure due to the termination of title trust with respect to the real estate listed in the separate sheet No. 1 to 7, and the acceptance and implementation of the ownership transfer registration procedure due to the termination of title trust with respect to the real estate listed in the separate sheet No. 8 to 17, respectively. In addition, the Plaintiff filed a claim for the implementation of the ownership transfer registration procedure due to the termination of title trust with respect to the entire real estate listed in the separate sheet No. 1 (hereinafter “list No. 1”).

The gist of the plaintiff's assertion in the first instance court was the ownership of the plaintiff's clan, which is originally owned by the plaintiff's clan, and each of the circumstances in the name of X, which is losses, and thereafter, the title trust was made to V (see the plaintiff's clan's household, e.g., the plaintiff's family), W (X's grandchildren), but again, the title trust was made to AA(V's bilateral), AG (O and X's grandchildren), F (W's children), and B (A's children). Since the above title trust was terminated through the copy of the complaint of this case, the defendants are obliged to implement the registration procedure for the ownership transfer of each share of the defendants among each of the real estate of this case to the plaintiff's clan.

B. On July 10, 2013, the first instance court rendered a judgment dismissing all the Plaintiff’s primary and conjunctive claims against the Defendants on the grounds as follows.

The summary of the reasoning of the judgment of the first instance (AG), 1, 2, 8, 9, 14.

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