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(영문) 수원지방법원 2017.11.16 2016나76510
소유권이전등기
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

3. The judgment of the court of first instance is ordered.

Reasons

1. Basic facts

A. The plaintiff is a clan comprised of the descendants of C.

B. On August 22, 1928, the registration of ownership preservation was completed in the future on August 22, 1928, and on June 23, 1938, E and 12, respectively, the registration of ownership transfer was completed.

In addition, the registration of transfer of ownership based on the sale and purchase as of August 17, 1971, which was received on August 17, 1971, was completed in the name of the defendant father F, G, H, I, and I, respectively.

Since then, the registration of transfer of ownership was completed in the future of the defendant with respect to F shares in the forest of this case as the Suwon District Court's Suwon District Court's Order No. 124570 on September 2, 2003, which was received as of September 1, 2003.

C. The Plaintiff: (a) held title trust with E and 12 persons around 1938 regarding the instant forest and field around 1938; (b) again held title trust with F and 3 others in 1971.

The F died on February 28, 2004, and as his spouse, the Defendant and K have succeeded to the F (hereinafter “the deceased”) with J and his lineal descendants, respectively.

E. The Plaintiff filed a claim for the registration of ownership transfer on the ground of the cancellation of title trust with respect to each ownership and shares of the Defendant, the registered titleholder of the instant forest, or his/her successors, as Suwon District Court Decision No. 2011Ga476.

On December 16, 2011, the above court rendered a ruling of accepting all the remaining claims of the plaintiff except the defendant except the defendant, but the defendant's claim against the defendant against the defendant was "the gift made on September 1, 2003 against the defendant, a title trustee, constitutes the disposal of entrusted real estate to a third party, and thus the defendant lawfully acquired the ownership of one fourth of the forest land in this case, and the title trust relationship between the plaintiff and the deceased is extinguished, so the plaintiff cannot file a claim for the registration of ownership transfer (hereinafter referred to as "the judgment of a prior suit") and the judgment against the defendant is not appealed."

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