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(영문) 대구지방법원안동지원 2019.08.28 2018가단23926
소유권이전등기
Text

1. As to Defendant C, D, E, F, and G, Defendant B’s share of H 1,971 square meters in permanent residence and 1/35 square meters in 138 square meters in I.

Reasons

1. Determination as to the cause of claim

A. The fact of recognition that Defendant B’s organization (hereinafter “Defendant clan”) held that each of the lands listed in the Disposition No. 1 (hereinafter “each of the instant lands”) was trusted in title by 1/7 shares to seven clan members including the J, and the Plaintiff entered into a sales contract to purchase each of the instant lands from Defendant clan on April 14, 2016 and paid 20 million won to Defendant clan on the same day. The fact that Defendant C, D, E, F, and G succeeded to each of the shares of Defendant C, E, G on behalf of the deceased clan, and that the Plaintiff expressed an intention of termination of title trust to the said Defendant C, the heir of the deceased clan, etc.

[Ground] Defendant clan, Defendant C: Defendant D, E, F, G: Evidence No. 1 to 4, and the purport of the whole pleadings

B. According to the facts of the above recognition, Defendant C, D, E, F, and G are obliged to take procedures for the registration of ownership transfer on the ground of the termination of title trust with respect to each of the instant shares of 1/35 (i.e., 1/7 x 1/5) out of each of the instant lands to the Defendant clan, and Defendant clan is obligated to take procedures for the registration of ownership transfer with respect to each of the instant shares of 1/7 out of each of the instant lands to the Plaintiff at the same time

2. Conclusion, the Plaintiff’s claim of this case is accepted as reasonable.

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