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(영문) 수원지방법원평택지원 2014.02.11 2012가단5013
소유권이전등기
Text

1. The Defendants were on May 9, 2012 with respect to each share in the separate sheet among the 3048 square meters in Pyeongtaek-si Qu 3048 square meters.

Reasons

1. Basic facts

A. The plaintiff is a clan consisting of the descendants of S 8 Grand descendants, and the defendants are the members of the plaintiff clan.

B. The Plaintiff’s ownership of Pyeongtaek-si Q 3028 square meters (hereinafter “instant land”) was originally registered in title in the name of the Plaintiff’s family clan (hereinafter “R clan”). The shares of the above V were registered in the name of the Plaintiff on March 22, 1989 as inheritance in the name of AA, AB, AC, AD, AE, AE, and AF on the same day, and C, X, and Y shares were registered in the future of the above AG on October 24, 1989. The shares of the said Z were again registered in the name of H, AI, AJ, and AK on the same day.

After that, on July 19, 201, upon the plaintiff's application for subrogated registration on March 13, 199, the inheritance of shares of the deceased AG on March 13, 199, and the inheritance of shares of the deceased U, as shown in the separate sheet on January 25, 1985;

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. The R clan, the plaintiff's superior clan of the plaintiff's assertion, transferred ownership in the name of AG by allowing the plaintiff's clan to acquire the land of this case, and his father U's share also changed the title trust relationship by allowing the plaintiff's clan to transfer it later. The defendants who succeeded to AG, etc. are obliged to implement the registration procedure for ownership transfer due to termination of the title trust agreement in the future of the plaintiff with respect to the land of this case

B. The defendant's assertion is in the position of the title trustee, but the land of this case was not trusted by the plaintiff, and the family of the same clan (hereinafter referred to as "AL clan") which is the lower clan of the same clan is the land under title trust, and the plaintiff's claim cannot be complied with.

3. Determination

(a) fact that there is no dispute over recognition, Gap evidence Nos. 3, 5 through 9, 11, 33, 41, Eul evidence Nos. 1, 11, and 12 (including these various numbers), and the purport of the whole pleadings;

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