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(영문) 광주지방법원 2016.10.12 2015가단27700
명의신탁해지를원인으로한소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Presumption that a dispute has occurred;

A. On November 2, 1929, the registration of preservation of ownership in the name of K was completed on November 2, 1929 with respect to the real estate listed in the attached list No. 1 of the real estate (hereinafter “instant real estate”) and the registration of preservation of ownership in the name of L on November 2, 1929 with respect to the real estate listed in the attached list No. 2 of the real estate (hereinafter “instant real estate”), and the registration of preservation of ownership in the attached list No. 2 and 3 real estate listed in the attached list No. 2 of the real estate (hereinafter “each of the instant real estate No. 3 and 4”) are written in the attached list No. 2 of the real estate as L. 3.

B. On April 3, 1932, K died on and succeeded to the property of the Republic of Korea L, and L was deceased on July 24, 1941 and succeeded to the property of the Republic of Korea N, the Republic of Korea, N on March 11, 1968, and N jointly succeeded to the property of O, Defendants B, Defendant C, and Defendant D on November 16, 1983. TheO died on November 16, 1983 and jointly succeeded to the property of the Republic of Korea by Defendant E, Defendant F, Defendant G, Defendant H, Defendant H, Defendant I, and Defendant JO.

C. The plaintiff is a clan with PC 24 years old Q as a joint ancestor.

2. The Plaintiff’s assertion of each of the instant real estate is the Plaintiff’s property registered in title under the name of K or L, which was a clan member under the circumstances around 1929, and the Plaintiff decided to terminate the title trust of the members of the clan and to register the transfer of ownership in the name of the clan at the special meeting of the clan held on April 24, 2016, and therefore, the Defendant, the heir of K and L, seeking the implementation of the procedures for registration of ownership transfer.

3. As to whether each of the real estate in this case is owned by the plaintiff clans under the circumstances of the plaintiff clans

As shown in the plaintiff's argument, evidence evidence Nos. 7 (C. 8, 15, 16, 19, and 26 (C. 16), evidence No. 13 (C. 18 (C. 18), evidence No. 25 (C. 25), witness R bears the testimony.

However, in light of the following circumstances, evidence Nos. 1, 2, and 12 and the purport of the entire pleadings, the above evidence of the plaintiff's submission alone shall be the real estate of this case.

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