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(영문) 대전지방법원 2021.01.12 2020나105683
소유권말소등기
Text

The judgment of the first instance shall be modified as follows:

Defendant

(a) each of the real estates listed in paragraph 1 of the Schedule in Schedule C, D, and E.

Reasons

1. Basic facts

A. The Plaintiff is the mother of the Defendant as the spouse of F (Death on November 14, 2014).

F's heir has the plaintiff, child H and G (the defendant's spouse) who is the spouse.

B. On March 30, 191, the Defendant and I completed the registration of transfer of ownership (the registration of transfer of ownership in the name of the Defendant) under the title No. 24635 of receipt on March 30, 1991 with respect to each one-half portion of the real estate listed in [Attachment List No. 1], which is jointly owned by C, D, and E (1/3 shares in common) (hereinafter “instant land”). (C)

Defendant and I completed the registration of ownership preservation on June 21, 1994 by the Daejeon District Court No. 49403, Jun. 21, 1994 (hereinafter “the registration of the preservation of ownership in the name of the Defendant”) with respect to each one-half portion of the real estate listed in attached Table No. 2 (hereinafter “instant building”). D.

The Plaintiff completed the registration of the transfer of ownership on December 11, 2002 by Daejeon District Court No. 149056, Dec. 11, 2002, with respect to the portion of 1/2 of the instant land and buildings owned by I.

[Ground for recognition] Unsatisfy, Gap 1-2, 23 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. 1) The Plaintiff purchased the instant land, and completed the registration of ownership transfer under the name of the Defendant and I, and thereafter, the Plaintiff constructed the instant building on the instant land by bearing the construction cost, and completed the registration of ownership preservation in the name of the Defendant and I.

As such, the Plaintiff entrusted the ownership of the instant land and building to the Defendant and I.

The ownership of this case in the name of the Defendant is null and void by the registration under the name of the trust, and the Defendant is obligated to perform the registration procedure for cancellation of the ownership of this case to C, D, and E, the seller of the land of this case, and to perform the registration procedure for transfer of ownership due to the restoration of real name with respect to 1/2 shares in the building of this case to the Plaintiff.

The plaintiff is preliminary F. H.

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