(영문) 창원지방법원진주지원 2019.12.10 2019가단35151

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(영문) 창원지방법원진주지원 2019.12.10 2019가단35151

소유권이전등기

Text

1. As to the Plaintiff’s shares of Defendant D, E, and C among each real estate listed in the separate sheet, Defendant B, and F, respectively, 1/8.

Reasons

1. Basic facts

A. The plaintiff is a clan consisting of the descendants of H, the 16th members of Gm that is the 16th members, and the defendants are the members of the same clan.

B. On September 26, 1970, Defendant D, E, RI, and RJ completed the registration of preservation of ownership on each one-fourth portion of the attached list among the real estate in the attached list.

C. The deceased I died on September 1, 1991, and his heir is Defendant B and Defendant F, a child.

The deceased JJ died on January 23, 2006, and the heir C completed the registration of ownership transfer concerning 1/4 of the attached list on June 19, 2019 due to inheritance by agreement division.

【Reasons for Recognition】 Facts without dispute, entry of Gap evidence 1 to 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s cause of the Plaintiff’s claim title trust with Defendant D, E, network I, and networkJ each of the 1/4 shares of the real estate listed in the separate sheet, and the status of the above title trustee was succeeded to Defendant B, F, and C, the heir due to the death of the network I, and the network J.

On June 30, 2019, the Plaintiff expressed his/her intent to terminate the title trust to the Defendants. As such, Defendant D, E, and C, among the real estate listed in the separate sheet, have the obligation to complete the registration of ownership transfer for each of the 1/4 shares, and Defendant B and F, respectively, due to the termination of the title trust on each of the above dates.

B. Defendant C, D, and E led to confession or confession of the Defendants, and Defendant C, D, and E led to confession of the facts constituting the instant claim. Defendant B and F did not appear on the date of pleading without submitting a written response disputing the Plaintiff’s allegation of the facts constituting the instant claim. Therefore, it is deemed that they led to confession of the said facts under Article 150(3) and (1)

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted, and it is so decided as per Disposition.

참조조문

-민사소송법 제150조 제3항

유사 판례

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