(영문) 부산지방법원 2015.12.15 2015가단45389

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(영문) 부산지방법원 2015.12.15 2015가단45389

명의신탁해지에따른 소유권이전등기 등

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. Each real estate listed in the separate list is owned by the “familyJ”, which is a clan to which the plaintiffs belong, and a clan has title trust to the Dong K (hereinafter “the deceased”).

B. As the deceased died on December 15, 2014, on December 15, 2014, the registration of ownership transfer was completed on March 20, 2015 due to the inheritance by agreement on inherited property division on December 15, 2014 on March 20, 2015; on the real estate listed in the separate sheet No. 2 list, the registration of ownership transfer was completed on December 15, 2014 on March 20, 2015. The registration of ownership transfer was completed on March 20, 2015 due to inheritance by agreement on inherited property division.

C. Defendant instant case Co., Ltd. completed the registration of ownership transfer on April 16, 2015 with respect to the real estate listed in the separate sheet No. 3’s list. Defendant instant case Co., Ltd., even though it was a clan property, actively solicited Defendant H and I to sell the said real estate, and thus, the said registration of ownership transfer is null and void.

Therefore, the Plaintiffs seek against Defendant H and I the implementation of the procedures for ownership transfer registration due to the termination of title trust on the date of delivery of a copy of the complaint of this case as to each real estate listed in the separate sheet Nos. 1 and 2, and seek against Defendant Einstru Co., Ltd. the implementation of the procedures for ownership transfer registration to the Plaintiffs along with the cancellation of ownership transfer registration.

2. First of all, as to whether title trust, which is the preliminary issue of the instant case, is the ownership of the “J clan” and the fact that each real estate listed in the separate sheet is the real estate held by the deceased, and it is not sufficient to recognize that it is the real estate held in title trust to the deceased, and there is no other evidence to acknowledge it, the plaintiffs’ assertion based on this premise is without merit.

In addition, the Plaintiffs.

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