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(영문) 서울중앙지방법원 2016.10.11 2015가단5307527
소유권이전등기
Text

1. The Defendant shall each apply to the Plaintiff A and B with respect to shares of 14/63 square meters in each of 4,661 square meters of forest land in Gyeyang-gu, Gyeyang-gu, Gyeonggi-gu.

Reasons

1. Basic facts

A. G was married with H on March 27, 1937 and formed the J of 1 South, 2 South, 1 South, 1 South, 1 South, 1 South, 2 South, 3 South, 2 South, 2 North, and 4 South, but G died on May 22, 1980 and June 12, 1981.

J on March 14, 1974, married with Plaintiff C and died on August 5, 1979.

The final successors and inheritance shares of the network G in accordance with the former Civil Code (No. 3051), which was in force at the time of the death of the network G, are as follows:

Part I 3/9- - 21/63 A 2/9- 14/63 B/9- - 14/63 J (Death on August 05, 1979) 2/9 C/7/63 K 2/74/63 D 2/73 (Total)1

B. The defendant is the child of the deceased G, the South-Namer of I.

On the other hand, the 4,661 square meters of forest Fhanyang-gu, Youngyang-gu, Gyeonggi-do (hereinafter “instant real estate”) was originally owned L, and the ownership transfer registration was made in M., and the ownership transfer registration was made on June 29, 1976 under the name of the Defendant on June 12, 1976.

[Ground of recognition] Facts without dispute, or entries in Gap evidence 1 to 5 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment of the party executives

A. The plaintiffs' assertion 1) bear expenses to use the real estate of this case as deceased G's family funeral and mountain mountain, and purchase the real estate of this case from M on June 12, 1976. However, a sales contract is prepared under the defendant's name and completed the registration of transfer of ownership in the defendant's name on June 29, 1976, by deciding to title trust the title of the real estate of this case to the defendant who was the deceased. This is limited to the Act on the Registration of Real Estate under Actual Titleholder's Name (hereinafter "Real Estate Real Name Act").

) Since the contract title trust was concluded prior to the enforcement, the Plaintiffs, who are the deceased G co-inheritors, may exercise the right to claim the transfer of ownership based on the right to claim the return of unjust enrichment regarding each inheritance shares among each of the instant real estate. (2) The Defendant is not a title trust of the instant real estate from the deceased G.

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