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(영문) 대구지방법원 2018.07.05 2017가합203644
소유권확인
Text

1. The plaintiff's primary claim against the defendants and the conjunctive claim against the defendant B are all dismissed.

2...

Reasons

1. Basic facts

A. On April 22, 2015, the deceased G (hereinafter “the deceased”) died, and the Plaintiff and the Defendants jointly inherited the deceased’s inherited property.

B. On May 21, 1992, the Deceased completed the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter “each real estate of this case”) on May 12, 1992.

C. On October 26, 1999, the registration of ownership transfer was completed from the deceased on November 9, 199 with respect to one-half shares of each of the instant real estates, and the registration of ownership transfer was completed on January 10, 2005 on January 10, 2005 with respect to one-half shares in the Defendant D’s name among the instant real estates.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 4 (including additional number), the purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff asserted that the Defendants, as the respondent, filed a claim for an inheritance division trial on the deceased’s property including each of the instant real property (hereinafter “pre-trial trial”), and Defendant B and D claimed that each of the instant real property was in title trust with the deceased in the pre-trial trial.

Although the fact that registration was based on title trust had the burden of proof against the claimant, Defendant B and D merely claim that each of the instant real estate was registered in the name of the deceased without the farmland ledger, but did not prove all the source of real estate purchase funds.

Therefore, since each real estate of this case is inherited property, the plaintiff seeks a judgment such as the primary claim to confirm it.

B. The judgment real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and the name of the registration titleholder is different from that stated in the register.

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