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(영문) 서울서부지방법원 2019.08.21 2018가단225602
소유권이전등기
Text

1. Of the instant lawsuits, the part of the conjunctive claims filed by Plaintiffs A, C, I, J, M, N,O, P,V, W, T, and Y are all dismissed.

2...

Reasons

1. Basic facts

A. On October 13, 1984, AA completed registration of preservation of ownership with respect to AB, 2,430 square meters (land substitution with AC 2,340 square meters on July 26, 2018) and AD 2,970 square meters (land substitution with AE 3,006 square meters on July 26, 2018; hereinafter “each of the of the of the of the of the of the instant land”).

Plaintiff

On April 16, 1998, 14 persons including A and the defendant (AA's childrenc) completed the provisional registration of this case on each of the land of this case on the ground of trade reservation made on March 5, 1998. They are all members of the AF clan (hereinafter "the clan of this case").

B. The defendant completed the registration of ownership transfer on April 2, 2005 with respect to each of the land of this case on March 9, 2004 by consultation and division.

On May 25, 2005, the Defendant asserted the invalidity of the provisional registration of this case and filed each lawsuit against the title holder of the provisional registration seeking cancellation of the provisional registration or seeking transfer of shares in the provisional registration based on the restoration of the true title of registration, but all of the lawsuits lost on May 26, 2009.

On March 11, 2014, the Defendant filed a lawsuit against the titleholder of the provisional registration seeking the cancellation of the provisional registration of this case on the grounds of the lapse of the exclusion period of the right to complete the purchase and sale reservation, but on April 19, 2016, the above provisional registration became final and conclusive on the grounds that the instant clan was completed with a legal device for acquiring full ownership when the title trust relationship was terminated, and that the exercise of the right to complete the sale reservation is not necessary.

C. On April 19, 2017, nine clans, including the instant clans, and nine clans, filed a lawsuit seeking the registration of ownership transfer against the Defendant (Seoul Western District Court 2017Kadan212685, hereinafter “instant prior lawsuit”) by asserting that they decided to change the title trustee of each of the instant lands to the said nine clans.

In the preceding lawsuit, on October 12, 2017, the claim for the registration of ownership transfer based on the termination of the title trust of the clan of this case is accepted, and the said nine clan members are the same.

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