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(영문) 수원지방법원안양지원 2017.05.18 2015가단8160
소유권이전등기
Text

1. The Defendants’ share in the inheritance of the Defendants listed in the attached Table 2 among the real estate listed in the attached Table 1 list to the Plaintiff.

Reasons

Basic Facts

A. The registration of ownership preservation was completed on April 19, 1940 with respect to each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”), and the registration of ownership transfer was completed on April 7, 194 under the name of the J, the Republic of Korea, after the death of the said J, on April 7, 194.

B. After that, the registration of ownership transfer was made in the name of the Plaintiff on the ground of L, M, and N’s transaction on December 20, 1952 with respect to the remaining 3/4 shares, other than 1/4 shares, of each of the instant real estate, due to the title trust termination on January 31, 201.

C. K died on December 26, 1976, and the spouse and children of Defendant B, Nonparty C, and C, who were ever, jointly succeeded to K. D.

After that, on March 4, 1998, the O died on March 4, 1998, and jointly succeeded to theO by Defendant C, Nonparty Q, Defendant D, and E, who were their children. After that, Q died on October 5, 2007, Defendant F, Defendant G, H, and I jointly succeeded to Q.

E. The Defendants’ shares in the inheritance of each of the instant real estate by inheritance are as shown in the separate sheet No. 2. The date on which a copy of the instant complaint was served on the Defendants, stating that the title trust of each of the instant real estate is terminated, is as listed in the separate sheet No. 3.

[Reasons for Recognition] Defendants B, C, G, and H: The absence of dispute, the entries in Gap evidence Nos. 4, 5, 10, 18, 22, 23, and 24 (including each number; hereinafter the same shall apply) and the whole purport of the pleading, and the remaining Defendants: Determination as to the defense prior to the merits of defendant B (Article 150 (3) and (1) of the Civil Procedure Act)

A. As to the claim for the registration of ownership transfer based on the termination of title trust by asserting that the plaintiff asserted that each of the instant real estate was in title trust to the clanJ, the defendant B made the following main defenses.

i. The plaintiff does not have any substance as a clan and does not constitute a non-corporate body.

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