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(영문) 대구지방법원 김천지원 2018.08.22 2018가단431
소유권이전등기
Text

1. As to Defendant B’s share 1/19 of each real estate listed in the separate sheet to the Plaintiff, Defendant C’s share 6/19.

Reasons

1. The plaintiff clans' assertion

A. On October 1970 and November 11, 1970, the Plaintiff clan purchased each real estate listed in the separate sheet (hereinafter “each real estate of this case”) in the name of H, which was the descendants of the Plaintiff clan.

B. On December 4, 1974, H died on and before his death, and died without his spouse and children, Defendant B (L on April 17, 1961), excluding Defendant C, Defendant C, Defendant C, Defendant E, Defendant C, Defendant C, Defendant F (B), Defendant G (B) for four women, and Defendant D, South Korea, respectively.

C. Accordingly, the Plaintiff clan terminated the title trust agreement with the delivery of a duplicate of the instant complaint, and sought the Defendants from each inheritance share (Defendant B: 1/19, Defendant C: 6/19, Defendant E: 4/19, Defendant F: 2/19, Defendant G: 2/19, Defendant D: 2/19, and Defendant D: 4/19).

2. Judgment on deemed confessions as to the part of claims against Defendant B and C (Article 208 (3) 2 of the Civil Procedure Act)

3. According to the Gap evidence Nos. 13 (Forest Register), the part of claims against the defendant D, E, F, and G is found to have been registered as the name of the state with H, before the registration of the preservation of the ownership of H on October 5, 1970 among each of the real estate of this case was completed. It is unclear whether M had a certain degree of organic organization of the plaintiff's clan as the name of the clan, and there is no document to verify whether the plaintiff's clan had a clan as the name of the clan. ② The articles of association including each of the real estate of this case in the plaintiff's list of the plaintiff's clan was prepared immediately before the lawsuit of this case was brought, and since the time when the plaintiff asserted that each of the real estate of this case was registered as the title trust of the plaintiff's clan, the land of the deceased's body was already included in the list of property of the deceased clan, and even if it is unclear that the plaintiff's property of this case was established in the list of the deceased's clan.

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