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(영문) 창원지방법원통영지원 2020.09.08 2018가단27910
소유권이전등기
Text

1. The Plaintiff’s claims against the Defendants and the Intervenor are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On March 20, 1918, the 8-Yeung-gun U. S. M. M. M. M. M. M. (hereinafter “instant land before the instant subdivision”) was assessed under the name of 5 on March 20, 1918 in the name of 5.

B. On February 28, 1939, the land before the instant partition was registered under the name of V, and the ownership transfer registration was made in the name of W, X,Y, and Z on the same day.

C. On June 2, 1942 with respect to the land before the instant partition, W Shares filed an ownership transfer registration with the network AA (AB) on June 2, 1942, and on June 22, 1970, the ownership transfer registration was filed in the name of the network AA, the Defendant R, the Defendant I, the network AC, and the network AD.

On September 3, 1999, the land prior to the instant subdivision was registered by converting it into the area unit of 86876m2, and was divided into 78981m2 (hereinafter “instant land after the instant subdivision”) and 7895m2 of AE forests and fields on July 7, 2017.

E. On October 2, 2018, the deceased AD shares out of the land following the instant partition were transferred to Defendant J on the ground of inheritance due to a division made between September 18, 2018 and September 18, 2018. Defendant J shares were transferred to Defendant J on July 18, 2019 for the transfer of ownership on the ground of the gift made by Defendant J on July 17, 2019.

F. On July 18, 2019, the net AA shares of the land after the division of this case were registered for the transfer of ownership based on inheritance by agreement division on December 11, 2000 in the future of Defendant E, and on the same day, the registration for the transfer of ownership based on the donation made by Defendant E on July 17, 2019 was completed in the future of Defendant E’s taking-over Intervenor S.

[Ground of recognition] Facts without dispute, Gap 3, 4, Eul 16, and 17, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion (1) The plaintiff is a clan similar organization that gathers AG, the 12 grandchildren of AFC, into the Si.

(2) The Plaintiff, a clan similar organization, was under title trust with V the land prior to the instant division. After that, the Defendants’ aid and title trust was made to the inheritee, and Article 8 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

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