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(영문) 청주지방법원 2014.07.03 2013가단737
소유권이전등기말소 등
Text

1. As to each real estate listed in the separate sheet to Defendant E, F, G, H, and I, Defendant D shall have the Cheongju District Court on January 26, 1983.

Reasons

1. Facts of recognition;

A. On January 25, 1983, the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) was completed under the name of each J on January 26, 1983 under the name of Cheongju District Court No. 3467 of receipt on January 26, 1983 with respect to the land of 873m2 and L 1,190m2 (hereinafter “K, L before division,” hereinafter referred to as “land before division”) in the name of each JJ.

B. Before the subdivision on February 28, 2006, K was divided into 638 square meters in K and M 235 square meters in K, and L before subdivision into L 876 square meters and N 314 square meters in N Do, respectively. The registration of ownership transfer was completed for M and N in the name of Chungcheongbuk-do in the name of Chungcheongbuk-do in relation to the acquisition of public land.

Since K 638 square meters and L 876 square meters after the above division, each real estate listed in the separate sheet (hereinafter collectively referred to as the “instant land”) was changed due to the change of land category and the change of the name of the administrative district.

C. On June 16, 1983, the J succeeded to Defendant E, F, G, H, and I’s property.

Meanwhile, on April 28, 2012, Plaintiff A’s husband and Plaintiff B, C, and Defendant D’s husband died, and Plaintiff A inherited the O’s property in 3/15 shares, P, Q, R, Plaintiff B, and Defendant D, respectively.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 6, 8 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs’ netO purchased the instant land from the deceased J, held title trust to Defendant D, and made the instant transfer registration to Defendant D directly from J.

Since the above title trust agreement and ownership transfer registration are null and void, Defendant D shall implement the registration procedure for cancellation of the above ownership transfer registration, and Defendant E, F, G, H, and I, the heir of J, shall implement the registration procedure for ownership transfer as equal to the shares inherited by each Plaintiff of the instant land among the instant land to the Plaintiffs, who are the heir of J.

B. Defendant D (1) rather than Defendant D’s title trust of the instant land to Defendant D, Defendant D directly.

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