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(영문) 의정부지방법원고양지원 2020.09.04 2019가합77814
공탁금출급청구양도 등
Text

The Plaintiff

A. Defendant B, C, D, and E Korea Land and Housing Corporation shall be the High Government District Court on December 2, 2019, 2019.

Reasons

1. Basic facts

A. On September 14, 1970, the Plaintiff’s P, Q, R, S, Defendant N, andO (hereinafter “each of the title trust units”) completed each registration of transfer of ownership on the basis of trade as of September 10, 1970 with respect to each of 1/6 shares of the 1,687 square meters and U field 4,187 square meters (hereinafter “each of the instant real estate”).

B. On December 7, 1990, the Plaintiff filed a lawsuit seeking each registration of ownership transfer on the ground of the termination of the title trust on each of the instant real estate against the commissioned officers in the name of 1990 (Seoul District Court's 90 Gohap6924) and won the judgment. The above judgment became final and conclusive around that time.

C. P died on October 6, 2001, and his spouse V, Defendant B, C, D, and E as the inheritor at the time of the above death, and the above V died on April 10, 201.

Accordingly, P's status as a member of the trust in the name of P was inherited to Defendant B, C, D, and E in proportion to the corresponding shares in the attached Form No. 1 of the inheritance shares.

R died on January 2, 2013, and there was the spouse F, Defendant G, H, and I as the heir at the time of the death.

Accordingly, the status of R as a member of the title trust was inherited to Defendant F, G, H, and I in proportion to the corresponding shares in Section 2 of the attached inheritance shares.

E. On October 26, 2001, S died, and at the time of the above death, Defendant J, Defendant K, L, and M were the heir’s spouse as the heir.

Accordingly, the status of S as a member of the title trust was inherited to Defendant J, K, L, and M in proportion to the corresponding shares in the attached Form No. 3 of the inheritance shares.

F. The Plaintiff did not complete the registration of transfer of the ownership of each of the instant real estate in accordance with the above judgment. In preparation for the expropriation of each of the instant real estate in the Korea Land and Housing Corporation, the Plaintiff filed an application for provisional disposition of prohibition of debt collection and disposal with the High Government District Court 2018Kadan1017588, and the above court on September 27, 2018.

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