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(영문) 수원지방법원여주지원 2017.05.31 2016가합706
소유권이전등기
Text

1. With respect to each of 1/4 shares of F Forest land 28,928 square meters in Innju-si to the Plaintiff:

A. Defendant B is title trust on January 23, 2017.

Reasons

Facts of recognition

The plaintiff is a clan consisting of descendants A, and the defendants are the members of the plaintiff's clan.

The Plaintiff, a clan member of G, H, I, and Defendant B, under title trust with each one-fourth of the F Forest land of 28,928 square meters (hereinafter “instant real estate”) owned by the Plaintiff. Accordingly, on November 9, 1970, the Plaintiff completed the ownership preservation registration as to each-fourth of the instant real estate among the instant real estate on which G, H, I, and Defendant B completed the ownership preservation registration.

G died on December 16, 2001, and on April 4, 2002, Defendant C, the inheritor of G, completed the registration of ownership transfer based on inheritance by agreement division with respect to 1/4 shares out of the instant real estate.

H Deceased on January 25, 2013, Defendant D, the inheritor of H, completed the registration of ownership transfer on January 21, 2014 with respect to 1/4 shares out of the instant real estate due to an inheritance by agreement or division.

I died on December 30, 1974, and Defendant E, the inheritor of I, completed the registration of ownership transfer on August 29, 2014 with respect to 1/4 shares out of the instant real estate due to a consultation and division.

On January 9, 2012, the Plaintiff decided to terminate the title trust with respect to the instant real estate at the ordinary meeting of shareholders.

[Grounds for recognition] Defendant B, D: The judgment based on a confession (Article 208(3)2 of the Civil Procedure Act) by publication (Article 208(3)3 of the Civil Procedure Act) Defendant C: The fact that there is no dispute over Defendant E: evidence Nos. 1 through 16 (including a serial number) of the entire pleadings; according to the above fact of recognition, the Plaintiff is deemed to have succeeded to the status of the trustee as the heir of G, H, I, and I of the instant real estate.

However, the fact that the Plaintiff’s declaration of termination of title trust with respect to the instant real estate was clearly recorded in the record that a duplicate of the instant complaint was delivered to the Defendants. Therefore, the Plaintiff and the Defendants are dissatisfied with the record.

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