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(영문) 의정부지방법원 2016.06.03 2015가합3225
소유권이전등기 말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. D (the deceased on September 23, 2004, hereinafter “the deceased”) had eight children, including the plaintiff who is his or her father and the defendant who is his or her mother, who is his or her father and wife E.

B. Upon the death of the deceased, the deceased’s wife E and eight children, who are the inheritors, inherited the deceased’s property, such as the inheritance share ratio in the attached Table 2 list.

(F) Among children, F died before the Deceased and succeeded by G, H, his spouse, H, and I on behalf of the Deceased. (C)

Each land indicated in the attached list No. 1, C. C. C. 625 square meters and J. 589 square meters (hereinafter “instant land”) were owned by the deceased. The registration of ownership transfer in the Defendant’s name was completed on September 5, 2003 as the receipt office of the Namyang-gu District District Court No. 87946, Sept. 5, 2003.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including virtual number), the purport of the whole pleadings

2. On September 2003, the Deceased on the cause of the Plaintiff’s claim: (a) donated all the property including the instant land to his family members, and (b) received the registration of transfer by fairly dividing it into legal shares in inheritance.

Accordingly, E and children discussed their opinions, and if they sold after being registered in the name of the defendant who is the south of Korea, the proceeds should be divided, and if there are circumstances that the other family members cannot register even before the sale, they agreed to accept the registration of transfer of each shares, if they want to do so or if they cannot register only in the name of the defendant even before the sale.

In the above circumstances, the part corresponding to the legal share of the shares of the family members other than the defendant (E and the remaining children, hereinafter "the plaintiff, etc.") among the registration of ownership transfer in the name of the defendant with respect to the land of this case was title trust to the defendant. The title trust agreement is null and void pursuant to the Act on the Registration of Real Estate under Actual

Therefore, the plaintiff's share of the remaining 17/19 shares, excluding the defendant's share of 2/19 shares among each land listed in the attached list 1.

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