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(영문) 대전지방법원 2015.05.14 2013가단50333
소유권이전등기말소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on April 27, 1961 in the name of the Republic of Korea L, the head of K on April 27, 1961, the registration of ownership transfer was completed on July 1, 1963; the registration of ownership transfer was completed in the name of M on December 28, 1963; the registration of ownership transfer was completed in the name of N on March 11, 1965; the registration of ownership transfer was completed in the name of the Plaintiff, B, andO on March 11, 1965; and the registration of ownership transfer was completed in the name of 1/3 shares on October 7, 1994 under the name of the Plaintiff, B, andO on March 11, 1965.

B. On March 1, 1980, the registration of the transfer of ownership of this case was completed based on the guarantor's letter of guarantee and confirmation that the defendant clan guarantees that the land of this case is currently owned as a gift from the plaintiff A, B, andO on March 1, 1980.

C. On January 1, 2013, the foregoingO died and became jointly successors of the property by Plaintiff C, E, F, G, and H, who are Plaintiff C and their children. Each of their respective inheritance shares is 2/13 of Plaintiff C, Plaintiff D, E, F, G, and H, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 6, Gap evidence 10-1, 2, Eul evidence 8-1, 2, Eul evidence 10-2, and the purport of the whole pleadings

2. The plaintiff's argument that the defendant clan held the title trust of the land of this case to the plaintiff A, B, andO, but argued that the registration of ownership transfer was completed in accordance with the Act on Special Measures while cancelling the title trust. However, the defendant clan did not act as an organic organization at the time when the joint ancestor is unclear and the title trust of the land of this case was completed, and it was done by several members at the time when the ownership transfer registration of this case was completed.

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