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(영문) 의정부지방법원 2016.09.30 2015가합55929
합의해제약정무효확인
Text

1. Of the instant lawsuits, the part of the claim for nullification of the agreement cancellation made on January 9, 2009 shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The defendant clan is a clan consisting of adult men and women among descendants who jointly set up the rank D 14 years of age, and the plaintiff and the defendant C are the members of the defendant clan.

B. On August 18, 1981, Defendant C completed the registration of transfer of ownership on March 10, 1974 with respect to the real estate No. 1 in this case as the grounds for registration. On December 15, 2008, on the ground of the donation on December 10, 2008, Defendant C made the registration of transfer of ownership with respect to the above real estate to Defendant clan. However, on January 13, 2009 on January 13, 2009, Defendant clan completed the registration of cancellation of transfer of ownership under Defendant clan’s name (hereinafter “registration of cancellation”).

C. As of the date of the closing of the instant lawsuit, Defendant C is the title holder of the registration of ownership transfer concerning the real estate listed in [Attachment 1] No. 2 through (4) of [Attachment 1] (hereinafter the above real estate is referred to as “No. 2 real estate of this case,” “No. 3 real estate of this case,” and “No. 4 real estate of this case”). Defendant C is the title holder of the registration of ownership transfer concerning the real estate listed in Attached 1 List No. 5 (hereinafter “No. 5 real estate”).

On February 15, 1985, G of the defendant clan completed the registration of ownership transfer with respect to the real estate listed in attached Table 1 List 6 (hereinafter “instant 6 real estate”), and on January 13, 2006, H completed the registration of ownership transfer with respect to the said real estate on the ground of sale.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 6, and 8's statements and the purport of the whole pleadings

2. The plaintiff's assertion Nos. 1 and 5 of this case are all the real estate title trust to the members of the clan, including the defendant C, and the actual owner is the defendant clan.

The defendant clan and the defendant C are the defendant clan with respect to the first real estate of this case on the ground of donation on December 10, 2008.

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