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(영문) 대구지방법원상주지원 2017.09.06 2016가단9987
소유권말소등기
Text

1. As to the Plaintiff, with respect to the volume of 3,332 square meters prior to N at the time of residence:

A. Defendant B, C, D, E, F, G, H, and I are listed in Appendix 2, respectively.

Reasons

1. Basic facts

A. The registration of transfer of ownership in the Plaintiff’s name was completed on October 14, 1980 on the ground of inheritance on March 5, 1966, on the ground of the sale on January 27, 1983, the registration of transfer of ownership in the name of O was completed on January 31, 1983, and the registration of transfer of ownership in the name of P on the ground of sale on March 28, 1992.

B. The O died on February 2, 2010, P on January 11, 199, respectively.

C.O is the Plaintiff’s house punishment, and Defendant J, K, L, and M are the inheritors of O.

P is the mother of the Plaintiff, Defendant E, F, G and Q, and R.

Q died on September 14, 2001; R on October 2, 1992; Defendant B, C, D, H, and I are the successors of Q and R.

E. The defendants' shares in inheritance are as shown in the attached Forms 1 and 2.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff registered the title of each of the instant land to the PlaintiffO, and theO to P.

The Plaintiff terminated the title trust against the O’s heir through the service of the duplicate of the instant complaint, and the title trust is terminated against P’s heir by subrogation of the O’s heir.

Therefore, the Defendants, who are the successors of O and P, are obligated to implement the registration procedure for cancellation of ownership transfer registration completed in the name of O and P with respect to their respective inheritance shares.

B. There is no title trust relationship between the Plaintiff,O,O and P with respect to the instant land by Defendant E.

Even if a title trust relationship exists between the Plaintiff and theO and the registration of ownership transfer under the Act on the Registration of Real Estate under Actual Titleholder’s Name is null and void, P is a third party with a new interest, and thus, P cannot oppose P to the invalidity of title trust.

3. Determination

A. As to the Plaintiff’s claim against Defendant E, whether there exists a title trust relationship between the Plaintiff,O,O and P, evidence Nos. 4 through 10, and evidence Nos. 1 and 2-2.

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