(영문) 전주지방법원군산지원 2016.08.26 2015가단56760

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(영문) 전주지방법원군산지원 2016.08.26 2015가단56760

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1. The Defendants on November 9, 2013, among the real estate listed in the separate sheet to Plaintiff B, as to each Defendants’ shares in the ownership of each of the respective Defendants’ shares.

Reasons

1. According to the purport of the evidence No. 5-1, No. 5-2, No. 6-1, No. 1, No. 2, No. 7, No. 8, and No. 1, and No. 9-26 of the evidence No. 5, respectively, and the purport of each of the arguments and arguments held by the plaintiff clan A (hereinafter "the plaintiff clan") and the defendants, each lawsuit was filed between the plaintiff clan and the defendants, on the ground that the plaintiff clan had a title trust with respect to the shares owned by the defendants (hereinafter "each of the shares in this case") on each of the real estate listed in the separate sheet, but terminated the title trust, the judgment of the court ordering the plaintiff clan to implement the procedures for the transfer registration of ownership on each of the shares in this case became final and conclusive (the F. 2146mm2 and No. 2032m2, No. 144, Apr. 27, 2015, the plaintiff clan failed to obtain the transfer registration of ownership pursuant to Article 16 (1).

2. Determination

A. The argument regarding Defendant C’s double lawsuit is without merit, since the case No. 2014Gadan2858, which is the previous lawsuit, has already been terminated as withdrawal of the lawsuit prior to the date of closing the argument in this case.

B. Each of the instant shares is in fact owned by the Plaintiff clan, and the Defendants merely completed the registration of ownership transfer with respect to title trust. Accordingly, the Defendants have the obligation to implement the registration of ownership transfer with respect to each of the instant shares to the Plaintiff by the previous lawsuit, which is final and conclusive by the previous lawsuit, cannot be reversed in accordance with the res judicata of each of the said judgments.

However, the plaintiff clan is actually unable to execute the procedure of ownership transfer registration according to each of the above decisions.

참조조문

-농지법 제6조 제1항

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