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(영문) 대구지방법원 2012.02.02 2010나21250
명의신탁해지를원인으로한소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit shall be borne by H and Q.

Reasons

1. Basic facts

A. G, while operating philosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolos, established R

B. G completed the registration of ownership transfer based on sale on June 16, 1973 with respect to the real estate listed in [Attachment List Nos. 5 and 6] on June 19, 1973.

C. G completed the registration of ownership transfer on June 10, 204 with regard to the real estate stated in Paragraph 4 of the Attached List No. 4, and on January 4, 2008, with regard to the real estate stated in Paragraph 3 of the Attached List No. 3, as stated in the purport of the claim, on June 9, 2004.

G completed the registration of ownership transfer on October 28, 1996 with regard to the real estate listed in paragraph (1) of [Attachment List No. 1] on November 19, 1996, as stated in the purport of the claim, and completed the registration of ownership transfer on October 28, 1996. On December 4, 1996, the registration of ownership transfer under G name is completed on the ground of sale on December 3, 1996, as stated in the purport of claim.

E. G died on March 14, 2008, and on April 23, 2008, Defendant C, as stated in the purport of its claim, completed the registration of ownership transfer based on inheritance by agreement and division as of March 14, 2008, respectively with respect to the building listed in the separate sheet Nos. 1, 3, and 6 in the separate sheet Nos. 1, 3, and 7.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 and 5 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion that each real estate listed in the separate sheet is originally purchased by the plaintiff (real estate listed in the separate sheet Nos. 1 to 4) or received from G with the donation (real estate listed in the separate sheet No. 5, 6) from G, and that the above title trust was terminated. Since the above title trust was terminated, the plaintiff with respect to the real estate listed in the separate sheet No. 1 to 4, as to the real estate listed in the separate sheet No. 2 in the separate sheet No. 1, 3, and 4, as to the real estate listed in the separate sheet No. 2, the defendant C, respectively,

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