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(영문) 전주지방법원 2016.10.11 2015가단6274
명의신탁 해지로 인한 소유권이전등기
Text

1. On January 23, 2015, the Defendant charged Nonparty C with an all-round indictment of the Jeonju District Court on the real estate stated in the attached list.

Reasons

1. Basic facts

A. The plaintiff is a clan that is comprised of descendants of D 16 years of age grouped with D 16 years of age grouped with D D 16 years of age grouped with F F's clan grouped with the plaintiff's members of the clan, F's south is G, G's south and H's south, and the defendant was adopted to C's son (C's son's son's son's son's son was adopted to C on January 6, 190).

B. At the time of the land survey project in the Japanese colonial era, F completed the registration of initial ownership in the name of F on July 25, 1938, based on the assessment of the land of 1,332 square meters in Jinju-gun, Jeonju-gun (the land indicated in paragraph (1) of the attached Table), and of 2,98 square meters in the name of F on July 25, 1938. On October 26, 2010, the land of 2,998 square meters in the name of Jinju-gun, Jeonju-gun, Jeonju-gun, Chungcheongnam-gun, and the land of this case was divided into the land listed in Tables 2 and 3 of the attached Table (hereinafter “instant land”).

C. Meanwhile, F died on September 8, 194, G on October 25, 1954, H on October 26, 1957, and C inherited the instant land. On October 7, 2014, C completed the registration of ownership transfer on September 8, 194 with respect to the instant land on October 26, 1957.

On January 26, 2015, the Defendant completed the registration of transfer of ownership (hereinafter “instant registration of transfer of ownership”) based on the donation (hereinafter “instant donation contract”) as prescribed by the Jeonju District Court No. 9539, the receipt of indictment against all-round District Court on the instant land.

E. On January 29, 2016, the Plaintiff sent to L and the Defendant a content-certified mail containing a declaration of intent to terminate the title trust on the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 10, 20 (including identification numbers with serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion that the land of this case was held in title trust with F, and the plaintiff has the right to claim the ownership transfer registration against C who inherited the land of this case due to the termination of title trust.

However, the defendant abuse the land of this case to C without good health and just cause.

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