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(영문) 대전지방법원 2019.04.09 2015가단5603
소유권이전등기
Text

1. The Defendants deposited the Plaintiff with Daejeon District Court No. 4629, August 2, 2016.

Reasons

1. In the face of the claim, the plaintiff's clan jointly held title trust with seven persons, including AF, on the 1060 square meters and the 990 square meters prior to Daejeon PD (hereinafter "the real estate of this case").

- On November 15, 2014, the Plaintiff’s clan decided to terminate the title trust relationship with respect to the instant real estate at the clan’s general meeting.

Therefore, as the title trust relationship is terminated with the plaintiff clan, AF is obligated to implement the registration procedure for ownership transfer with respect to 1/7 shares out of the real estate in this case.

Preliminaryly, since March 18, 1929, the plaintiff clan owned the real estate of this case in peace and openly from March 18, 1929 and the prescription period for possession was completed on March 18, 1940.

- Therefore, the AF owes to the Plaintiff clan a duty to implement the registration procedure for transfer of ownership due to the completion of the statute of limitation for the acquisition of possession of 1/7 shares of the instant real property.

On the other hand, the defendants inherited AF as shown in the attached inheritance share sheet through the following process.

- The AF died on April 5, 1968, and his children succeeded to AH, the AF inherited to Australia with her children AG, the head of South and North Korea.

- AG died on October 28, 1986, and succeeded to the Republic of South and North AK, AK, AL, AM, MaomN, and Maom AO. In particular, NG died in around 1982, before AG died and succeeded to the inheritance of Defendant B, unmarried female, Defendant C, the head of South and North Korea, and Defendant D, the children of which were his children.

- AJ died in around 2012 and succeeded to Defendant T, V, and W, who is the spouse.

- AK died in around 2006 and succeeded to Defendant X, the spouse of the Defendant X, and Z.

- The AL died in around 2010 and succeeded by Defendant AAB, Defendant AB, and AC, the spouse, and their children.

- AM died without spouse, children, etc. around 197 and succeeded to the defendant B, C, and D who succeeded to AJ, AK, AL, defendant E, andN.

- AH died on May 1, 1998 and died on May 1, 1998, Defendant F, G, H, J, K, K, I, L.

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