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(영문) 수원지방법원성남지원 2017.07.11 2016가단3200
소유권이전등기
Text

1. As to each share in the separate sheet of inheritance shares among each real estate listed in the separate sheet to the Plaintiff:

A. Defendant B shall be liable for damages incurred by Defendant B on January 2016.

Reasons

1. Basic facts

A. The plaintiff is a clan consisting of descendants who jointly set L, and MM is a clan consisting of descendants who jointly set up L's four years old descendants (hereinafter "MM species").

B. On June 30, 1965 with respect to each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”), the registration of preservation of ownership was completed on June 30, 1965 by the sharing (1/5 shares, respectively) of O, P, Q, R, and S (hereinafter “Co-owners”) of the Plaintiff’s clans.

[However, the remaining Defendants except Defendant J and K are not co-owners, R among co-owners, and S are not members of the plaintiff's clan, but U.S. in the middle of his clan (hereinafter referred to as "U.S.").

c) argument that it is a clan member.

The registration certificate on each land of this case contains all the addresses of the co-owners as “Biju City V,” and the copy of the register contains all the addresses of the co-owners as “Biju City, Ma,” and revised the same as the addresses indicated in the registration certificate.

Each land of this case was managed by the Plaintiff’s clan X, and was managed by MM from around 1994, which was formed by M, and was used as the Plaintiff’s memorials, and the Do has been used for the management of the tombstones and the preparation of a memorial work.

E. One of the co-owners died on December 15, 1994, and the Defendants, the inheritor, succeeded to R in the same shares as indicated in the attached inheritance share sheet.

[Ground of recognition] Defendant J and K: The remaining Defendants of the confession judgment (Article 208(3)2 of the Civil Procedure Act) are without dispute, Gap evidence Nos. 1 through 33, Eul evidence Nos. 7 through 10 (including the serial number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1 of the parties concerned asserted that each of the instant land shares in title trust with the network R, and thus, the Defendants, the heir of the network R, were entitled to share in the instant land due to the termination of title trust on the date of delivery of the instant complaint.

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