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(영문) 창원지방법원 2015.01.20 2012가단28250
소유권이전등기
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1. The Defendants fall under the “Defendant’s inheritance shares” stated in the attached Table among the real estate listed in the attached Table, respectively.

Reasons

1. Determination as to the claim against Defendant C, D, F, G, H, I, J, K, L, M, M, N, P, Q, Q, R, T, T, U, and V

(a)the description of the reasons for each claim is as specified in the separate sheet of claim;

B. Defendant C: Article 150(3) and (1) of the Civil Procedure Act; the remainder of the Defendants: Article 257(1) of the Civil Procedure Act

2. Determination as to claims against Defendant B and E

A. Basic facts 1) The Plaintiff’s clan is a clan established for the purpose of the descendants of W, who died in 1487, to manage the tombstones, to administer the tombstones, and to promote friendship among the members of the clans. Defendant B and E are the members of the Plaintiff’s clans. Defendant B and E are the Plaintiff’s clans. 2) Prior to the division, the size of 15,471 square meters in X-si Kimhae-si’s forest land was a real estate with W, and the said Y forest and field was divided on July 24, 2006 into several lots of real estate partitioned from the above X forest and field.

3) The above X forest prior to the division is real estate located in the name of Z, AA, AB, AC, or AD on December 10, 1917, and the real estate listed in the separate sheet after the division (hereinafter referred to as the “instant real estate”).

The registration of ownership transfer was made on February 12, 2002 with respect to each of the above five shares in the name above, and the shares of the Z was made on February 6, 2007, and on January 19, 2006, the ownership transfer registration was finally made on January 19, 2006 for the shares of 1/5 shares in AA, and on February 6, 2007, for the shares of 1392/840 shares in AA, the heir, the heir of the 1392/840 shares.

B. 1) The Plaintiff asserts that the instant real estate was the real estate trusted by the Plaintiff to the title holder of the circumstances, such as Z, and sought implementation of the procedure for the registration of ownership transfer for the reason of termination of title trust against Defendant B and E, the heir of the title holder. As to this, the said Defendants merely considered the instant real estate as the property owned by five members of the clan following the resolution of the clan at the time when it was made for the public interest of the title holder of the status of the five, who was in possession of the said property.

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