logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.08.23 2019나31096
소유권이전등기
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The plaintiff is a clan that is composed of descendants by jointly setting up the 14 years old L of K KJ's 14 years old as KJ, and the defendant is a member of the plaintiff's clan E (the deceased on June 11, 1993, hereinafter "the deceased").

B. On June 24, 191, when the land substitution plan was approved and commenced under the name of the deceased, the land substitution project (hereinafter “instant land substitution project”) was implemented in the Nuriyang-gun Nuriyang-gun Nuri (hereinafter “Nuri”) of the Gyeonggi-do, where the ownership transfer registration has been completed, in the name of the deceased, in 237 o, P field 439 m2, Qu 1,095 m2 (hereinafter collectively referred to as “Nuri-gun”), and on June 24, 1991, the land substitution plan approval and the commencement date of the project are as follows.

Before the land substitution due to the above land substitution disposition, three lots were substituted with R 4,170 square meters (hereinafter “after land substitution”).

The fixed date of replotting is June 25, 201.

C. On December 1, 1993, the defendant completed the registration of ownership transfer with respect to the land after replotting as the ground for registration of ownership transfer with respect to inheritance by a consultation and division as of June 11, 1993.

On December 8, 2001, land after replotting was divided into 631 Dodong-dong (Nanyang-gu Ddong-dong-dong-dong-dong-dong-dong-dong-si, Soyang-si-si and Dong-dong-dong-dong-si), 4,079 m2 and J 91 m2. The said I 4,079 m2 was divided into 99 m2 and 3,080 m2 on March 29, 201 (the land category was changed to a site on June 9, 201) and C 3,080 m2.

E. On October 16, 2014, the Plaintiff filed a lawsuit seeking the implementation of the procedure for ownership transfer registration on the grounds of termination of title trust as to the part of the dispute land (hereinafter “instant prior lawsuit”) against the Defendant, the heir, by asserting that he/she held title trust with the deceased at 300 of the three parcels of land prior to replotting (hereinafter “instant prior lawsuit”). However, on May 26, 2016, the Plaintiff was sentenced to the judgment dismissing the claim of the Plaintiff (hereinafter “instant prior judgment”), and on March 23, 2017, the Plaintiff’s appeal was dismissed on March 23, 2017, and April 8, 2017.

arrow