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(영문) 창원지방법원 2015.02.12 2014나32384
소유권이전등기
Text

1. All appeals filed by the plaintiff and the defendant C, D, E, and F are dismissed.

2. The costs of appeal arising between the Plaintiff and the Defendant B.

Reasons

1. Basic facts

A. The instant real estate was originally owned by H, inasmuch as the 2,648 square meters in Gyeongsung-gun G (hereinafter “instant real estate”).

B. On June 7, 1985, with respect to the portion 1,124/2,648 out of the instant real estate owned by H, a share transfer registration was made under the name of I for sale and purchase on June 7, 1970. As to the share 632/2,648 out of the instant real estate, the share transfer registration was made under the name of J for sale and purchase on March 5, 1968.

In addition, with respect to the share of 892/2,648 out of the instant real estate, the transfer registration for share was made under K name on March 5, 1970.

C. On September 22, 1994, the registration of the transfer of shares was made in the name of the Plaintiff with respect to the share of 892/2,648 out of the instant real estate under the name of K.

The above 632/2,648 shares in J's name were transferred to L on August 24, 2006 due to inheritance by agreement division.

L on November 6, 2006, with respect to the above share, filed a transfer registration to Defendant B.

E. On January 22, 2013, the above 1,124/2,648 shares in I were transferred to Defendant C, D, E, and F on the ground of inheritance due to the consultation and division on January 22, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion: (a) specified the section of the attached Table 2 on the ship of the instant real estate and sold it to K; (b) sold I specified the right part of the said portion on the ship of the said appraisal on the (i) in the instant real estate; and (c) J sold to J the said appraisal on the part of the left part of the said portion on the ship of the said appraisal on the (i).

However, for convenience, it is merely a registration of co-ownership on the entire real estate of this case.

There is a mutual title trust relationship between the Plaintiff purchased from K with a specific size of 892 square meters in the above part of the ship (b) above, and the Defendant C, D, E, F, and J’s successor.

The plaintiff terminated a mutual title trust relationship and is against the part of the above ship (b) 892 square meters, which is owned by the plaintiff.

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