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(영문) 수원지방법원 2015.02.12 2013가합23382
소유권이전등기
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. The Defendants are interesting in a clan of the Republic of Korea in the Republic of Korea.

Reasons

1. Basic facts

A. CG clans (hereinafter “instant clans”) held the title trust of each one-six percent of the 618 square meters (hereinafter “instant land”) possessed by the deceased CI, CJ, CK, CK, CL, CM, and CN, respectively, of the 618 square meters (hereinafter “instant land”). On November 28, 1931, the deceased CI, CJ, CK, CK, CM, and CN completed the registration of the ownership of the instant land.

B. The Defendants are the successors of net CI, CJ, CK, CK, CL, CM, and CN, and specific inheritance relationship and inheritance portion are as shown in attached Tables 1 and 2.

The clan notified the termination of the title trust agreement with the Defendants by serving a duplicate of the instant complaint on the date indicated in the attached Form 3, and concluded a title trust agreement with the Plaintiff.

[Based on recognition] The remainder of the Defendants except Defendant D, E, Y, AZ, BB, BS, and B: Confession (Article 150(1) of the Civil Procedure Act) Defendant D, E, AY, AZ, AZ, BB, BS, and B: Article 208(3)3 of the Civil Procedure Act (by service by public notice)

2. Judgment on the plaintiff's claim

A. 1) The plaintiff asserts that since the title trust contract between the clan of this case and the defendants terminated, the defendants are obligated to complete the ownership transfer registration of the land of this case directly to the plaintiff who is the new title trustee of the land of this case. 2) However, even if a clan decided to be entrusted with the new name to the members entitled to acquire farmland in accordance with the articles of association and the resolution of the general assembly, since each of the clans and the clans are different, and the trusters are not the members of the clan, since the clans and the members of the clans are deemed the same entity and the members of the clans are not the members of the clans, the ownership transfer registration cannot be made directly in the name of the defendant, such as the new members of the clans by applying the special provisions of Article 8 subparagraph 1 of the Act on

Therefore, the Plaintiff’s title trust agreement is legitimate after completing the registration of ownership transfer in the name of the clan of this case.

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