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(영문) 광주지방법원순천지원 2014.09.30 2013가단17760
소유권이전등기
Text

1. Defendant C, D, E, F, G, H, and I shall have the corresponding share in the attached Table 2,255 square meters, among the corresponding share in the 2,255 square meters, Jeonnam-gun, Bosung-gun.

Reasons

1. Basic facts

A. On March 28, 1950, K on March 28, 1950, with respect to the portion of 3,000/4,00 out of 2,255 square meters in Chosung-gun, Jeonsung-gun (hereinafter “instant land”), each of the co-ownership transfer registrations was completed on May 28, 1956 on the remainder of 4,494 shares.

B. On August 27, 1975, Defendant B completed the registration of the transfer of co-ownership on May 10, 1965 with respect to the share of 3,00/4,00 of the land in this case from K.

(B) Defendant B’s above co-ownership shares (hereinafter “instant co-ownership shares”). The Plaintiff’s family members of the same clan M, network N, and networkO (hereinafter collectively referred to as “the network members”) completed the registration of transfer of co-ownership shares on October 30, 1960 with respect to the share of 4,494 (i.e., 4,494 x 1,494 x 1/3) out of the land of this case from L on the same day.

[Reasons for Recognition] Evidence No. 1 (including paper numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Determination as to the defendants' claims under Paragraph (1) of this Article

A. In around 1960, the Plaintiff purchased 1,494 shares from L from L in the instant land, and concluded a title trust agreement with L in relation to the Plaintiff’s share of 498/4,494, respectively. On August 27, 1975, the Deceased entered into a title trust agreement with L in relation to each of the shares of 4,498/4. The Plaintiff completed the registration of co-ownership transfer for each of the shares of 4,498/4 in accordance with the above title trust agreement. The Defendants listed in paragraph (1) of the disposition of this case inherited or inherited the deceased in proportion to their shares listed in the attached Table.

However, the Plaintiff terminated the above title trust agreement on the last delivery date of the duplicate of the complaint of this case. The Defendants mentioned in Paragraph (1) of this Article should implement the procedure for ownership transfer registration based on the termination of the above title trust with respect to the Plaintiff’s share of 498/4,00 of each of the instant land.

(b) Defendants C, D, F, G, and I: Article 208(3)2(b) of the Civil Procedure Act (self-conception judgment) of the applicable provisions of law, Defendant E, and H: Article 208(3) of the Civil Procedure Act.

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