logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2014. 08. 27. 선고 2012가합730 판결
민사소송법 제150조에 의한 자백간주는 사실에 대한 법적 판단 내지 평가는 자백의 대상이 되지 아니함[국승]
Title

Legal judgment or assessment of the facts of confession under Article 150 of the Civil Procedure Act shall not be subject to confession.

Summary

The judgment on whether the registration of transfer of ownership in the name of the non-party clan is null and void belongs to the area of legal judgment or evaluation, which is not subject to the principle of confession.

Cases

Registration, etc. of transfer of ownership due to termination of trust 2012 Gohap730

Plaintiff

○○○ ○○ ○○

Defendant

○○ and 57 others

Conclusion of Pleadings

2014.03.03

Imposition of Judgment

2014.24

Text

1. For plaintiffs***C***

(a) Defendant**, A*, A*, A**, A*, A**, A*, And A*, A*, A*, A*, A*, A*, A*, A*, A*, A**, A*, A*, A*, A*, A*, A*, A*, A*, A*,**, A*, A*, A*,), A*, A*,*, A*,**, I*,**,*, I*,***, I*,**, I*,**,***, inside*****,***, inside****,**, inside****,*****, inside*****?**** in accordance with the inheritance ratio listed in attached Table 1, 7, 8 real estate, each of the shares listed in the real estate list, 20, 10, 215, 14, 15, 15, 36, and 15 shares of each real estate listed in attached list.

(b) As regards the respective shares of 1/2 of the real estate listed in the separate sheet, including 3/8 shares in the real estate listed in the separate sheet, 5/5 shares in the same real estate list, and 10, 11, and 12 shares in the real estate list in accordance with the inheritance ratio listed in the annexed sheet 2 inheritance shares.

(c) As to shares 1400/535 of the real estate listed in the separate sheet No. 2 and No. 3 real estate listed in the separate sheet*, No. *

(d) With respect to each share of 1/102 of the 2, 3 real estate listed in the separate sheet in accordance with the inheritance ratio listed in the 3's shares in attached sheet of inheritance*, civil*, civil*, according to attached sheet of inheritance 3:

(e) As to shares 1/102 of the 2 and 3 real estate listed in the Schedule of Attached Real Estate** as to each of the following shares:

(f) The defendant Ansan* is with respect to 2/5 shares among the 4 real estate listed in the Schedule of Attached Real Estate.

(g) As to the 1/3 shares of the real estate listed in the separate sheet No. 9, 10, 11, and 12 shares of the attached sheet No. 9 in accordance with the inheritance ratio in the annexed sheet No. 4, as to the 1/3 shares of the real estate listed in the annexed sheet No. 9, 10, 11, and 12 shares of the real estate listed in the annexed sheet No. 4, 10 in accordance with the inheritance ratio in the annexed sheet No. 4.

(h) Defendant Kim*, A*, A*, Ace**, Ace* shall implement the procedures for ownership transfer registration on the 14 real estate listed in the attached real estate list on October 29, 2013 in accordance with the inheritance ratio listed in the attached inheritance shares list in attached Form 5.

2. Plaintiffs ***C* Of note, 650/2230 of the real estate listed in the separate sheet of real estate.

(a) Defendant A*, Ann*, Ann*, Ann**, Ann* As to shares of each 1/5:

B. Defendant U.S.*, Al*, Al*** shall implement the procedure for the cancellation of registration of transfer of ownership as to the 1/5 shares in accordance with the inheritance ratio in [Attachment 6] inheritance shares in [Attachment 6] and the procedure for the cancellation of registration of transfer of ownership completed under 1*** on July 12, 1999.

3. Plaintiffs****C*** Of the papers, 1580/2230 of the real estate listed in the separate sheet of real estate.

(a) As to shares 1/5 in each of the defendant*, bill*, inside*, and bill**:

(b) As to the shares 1/5 in accordance with the inheritance ratio in [Attachment 6], Ann*, Ann*, ann*, pursuant to the inheritance ratio in [Attachment 6]

The procedure for the cancellation of ownership transfer registration completed on July 12, 1999, received on July 12, 1999,*** will be implemented.

4. Plaintiffs******, New*, Co., Ltd.*** bank, Kim*, agricultural corporation** Company, Korea and Gyeyang-si are all dismissed.

5. Of the costs of lawsuit, the parts arising between the plaintiffs*******, defendant le**, New*, Co., Ltd.*** bank, Kim** agricultural corporation,* stock company, Korea and Ansan City are borne by the above plaintiff, and the parts arising between the plaintiffs and the rest of the defendants are borne by the remaining defendants.

Text

With respect to paragraphs 1 through 3 of this Article and plaintiffs**C***

1. The defendant Yoon-A implements the procedure for cancellation of registration of the establishment of a mortgage on each of the adjoining real estates 2 and 4 in the annexed real estate list, as to the Daejeon District Court of Daejeon District on September 21, 1995, received on September 21, 1995, No. 2**** of May 21, 1996, and completed by the court 1**;

2. Defendant NewB implements the procedure for registration of cancellation of each registration of the establishment of a new mortgage completed on November 14, 1997 with respect to real estate 2, 4, and 5 listed in the separate sheet of real estate 3**;

3. On May 9, 1997, the defendant K Savings Bank, Inc., implements the registration procedure for cancellation of the registration of the establishment of a neighboring mortgage that was completed as** on May 9, 1997, with respect to the 4, 5 real estate listed in the annexed real estate list.

4. Defendant SSS Co., Ltd implements the procedure for registration of cancellation of ownership transfer registration completed in accordance with 3** on September 24, 2012 with respect to the shares of 2/5 in 4 and 5 real estate listed in the attached Table 5 real estate list.

5. Defendant KimN implements the procedure for registration of cancellation of ownership transfer registration completed on August 4, 2005 by the same court No. 2*** on August 4, 2005 with respect to shares of 3/4 of 7/8 of the real estate listed in the separate sheet of real estate.

6. As to the 7 real estate listed in the attached real estate list, the defendant Ansan-si, as to the 7 and 8 real estate listed in the same real estate list, expressed its intention of each acceptance as to the cancellation registration of transfer of ownership listed in paragraph 5.

Reasons

1. Plaintiff***CA, newB, K Savings Bank, KimN, Agricultural Company SSSS Co., Ltd., Korea, and Gyeyang-si in the text***

(a) The judgment of the court below is that since the plaintiff*****C**** (hereinafter referred to as the "Plaintiff*****")'s assertion ***** because the non-party clan (hereinafter referred to as the "non-party clan) is a clan that has not been lost only**************** because each real estate listed in the attached real estate list has been registered in the name of the non-party clan, the registration of ownership transfer of the non-party clan was null and void, and accordingly the registration of ownership transfer of the non-party clan was made based on the registration of ownership transfer of the non-party clan, newB, KK Savings Bank, and the registration of ownership transfer of the defendant Kim NN, and the defendant's Republic of Korea, the non-party whose seizure registration was completed with respect to the defendant Kim NN ownership is also liable to consent to the cancellation of the above registration."

The non-party 5 evidence as shown in the non-party 1's argument that the non-party 1 is a member of the clan, although there is evidence No. 5 (the reason for the establishment of the clan), in light of the evidence No. 4, and evidence No. 10-1 (the decision of each case that the non-party 1 became the plaintiff or the defendant) of the evidence No. 10, the above evidence No. 5 cannot be viewed as the non-party 5's non-party 1's non-party 1's non-party 1's non-party 5's non-party 5's non-party 5's non-party 1's non-party 1's non-party 1's claim against the above defendants ** because the non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 1's claim is not justified.

2. Plaintiffs’ remaining Defendants (Defendant 1 to 51)

(a) Facts of recognition;

1) As to the real estate listed in the attached list Nos. 1 through 14

A) The plaintiff** is the substantial owner of the real estate listed in the attached Table 1 or 14, among the above Defendants, and the remaining Defendants except the defendant**, Ansan* are trusted from the plaintiff**, or the heir of the title trustee, and finally, they hold shares in the real estate listed in the attached Table 1 or 14 as stated in the attached Table 1 or succeeded to the status of the title trustee.

B) Plaintiff* The copy of the instant complaint, stating the intention of termination of title trust on the real estate Nos. 1 through 14 in the attached Table 1 to the real estate list in question, was finally served on October 29, 2013.

2) As to the 15 real estate listed in the attached list of real estate

"A) Of the land before the replotting of the annexed real estate No. 15 stated in the annexed real estate list,************** 635 square meters and Ri 1*5 square meters in the annexed real estate list. The plaintiff** 4*****************************(hereinafter referred to as the "Plaintiff**?). The defendant was the land owned by the plaintiff**********). Although the above real estate was purchased from the plaintiffs, the defendant was the previous representative of the plaintiffs****, inside**** with a personal seal impression issued from the plaintiffs*******, inside**, inside*** the ownership transfer registration was completed *1/50 in the future*), or the plaintiffs had not filed a lawsuit against the defendant ** the above land ownership transfer registration procedure* the above land ownership transfer registration was revoked under the above part of the appeal court** the above land ownership transfer registration was revoked** the above.

C) Subsequent to the death* above, he succeeded to the shares in the inheritance ratio, such as the entry of the inheritance shares in [Attachment 6] as to the shares in [Attachment 6].

[Reasons for Recognition]

〇 피고 안** : 공시송달에 의한 판결(민사소송법 제208조 제3항 제3호)

〇 피고 김**, 안**,안**, 안**, 안** : 갑 제3호증의 14, 15, 갑 제4, 6, 7호증, 갑 제8호증의 1 내지 9, 갑 제9호증의 1 내지 3의 각 기재,변론 전체의 취지

〇 나머지 피고들 : 자백간주에 의한 판결(민사소송법 제208조 제3항 제2호, 제150조 제3항, 제1항)

B. Determination on the cause of the claim

Therefore, with respect to the real estate listed in the separate sheet Nos. 1 through 14, the remaining Defendants, with the exception of defendant 1 through 51, are obligated to implement the registration procedure for cancellation of ownership transfer as described in the separate sheet No. 1, the last delivery date of the complaint No. 201, Oct. 29, 2013 with respect to the share of each of the pertinent real estate as stated in the separate sheet No. 1 through No. 51, the plaintiff***, the plaintiff*, the last delivery date of the complaint No. 1, the last delivery date of the copy of the complaint No. 201, and the defendant**, the defendant*, the bill**, the inside**** the plaintiffs have the obligation to implement the registration procedure for cancellation of ownership transfer concerned as described in the

C. Determination as to Defendant A*’s argument

Defendant A** asserts that the property listed in the attached real estate list***** in consideration of the efficacy of attached real estate*** in consideration of the efficacy of attached real estate** is irrelevant to the plaintiffs, and that the plaintiffs are not the actual owners of the above real estate. However, the above argument by the above defendant is contrary to the res judicata of the previous final judgment ( Daejeon District Court 2003Na1623) and there is no reason for further determination.

arrow