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(영문) 서울중앙지방법원 2016.04.29 2013가합87319 (1)
소유권이전등기말소 등
Text

1. The Defendant terminated the title trust on March 20, 2014 with respect to the Plaintiff’s share 1/26 out of 273 square meters in Hanam-si, Hanam-si.

Reasons

The Plaintiff completed registration of preservation of ownership on the said land under the joint name of six persons, on December 30, 1969, on the title trust of the 7th Geung-gun of Gwangju-gun Paeung (9,025m2, hereinafter referred to as the “instant land before the instant partition”) to 6 persons, includingO, etc. prior to the division.

After that, the land before the instant partition was finally divided into the AU large 273 square meters (hereinafter referred to as “instant land”) and W forest 6,589 square meters, Y forest 25 square meters, X land, and AV land in Hanam-si.

O Along on April 28, 2013, the Defendant and his/her spouse, were jointly inherited the O’s property according to their respective statutory shares of inheritance.

The above title trust agreement was terminated on March 20, 2014.

[Grounds for recognition] According to the above facts of recognition under Article 150 of the Civil Procedure Act, the Defendant, the heir of the title trusteeO, is obligated to implement the registration procedure for transfer of ownership on March 20, 2014 regarding the land of this case on the ground of termination of title trust (i.e., 1/6 x statutory inheritance 3/13).

In conclusion, the Plaintiff filed a claim against the Defendant for the ownership transfer registration of the instant land, but the court omitted the above part of the judgment rendered on December 19, 2014, and thus rendered an additional judgment in accordance with Article 212 of the Civil Procedure Act. It is so decided as per Disposition.

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