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(영문) 수원지방법원 2019.06.26 2018가단531881
소유권이전등기
Text

1. The Defendant terminated the title trust on July 23, 2018 with respect to each of the shares of 1/9 out of the attached real estate.

Reasons

1. Basic facts

A. The Plaintiffs are children between F and G as their former wife.

F After the divorce between G and G on September 1, 1973, on October 2, 1978, the F and H were remarriedd, and the Defendant is a child whose H had been between G and G in Jeonnam.

B. The F died on May 1, 2015, and H died on June 5, 2018.

C. Meanwhile, from April 27, 1978, F resided in Kho Lake apartment located in Suwon-siJ, Suwon-si, and completed the registration of ownership transfer under its own name on July 3, 1990. On November 1, 1996, F donated the above apartment to A, but rescinded the gift on October 18, 200, and sold it to L on May 20, 200.

H purchased the attached real estate (hereinafter “instant apartment”) on May 21, 2002 and completed the registration of ownership transfer on June 22, 2002.

E. After the death of H, the Defendant completed the registration of ownership transfer on July 3, 2018 on the instant apartment due to inheritance by consultation and division on June 5, 2018.

[Ground of recognition] Facts without dispute, Gap's 1 to 12, 20 evidence, the purport of the whole pleadings

2. The gist of the plaintiffs' assertion is F, and the F purchased the above apartment and entrusted the title of the apartment to H.

After the death of F, H (3/9 of shares) and the plaintiffs (2/9 of shares) succeeded to the status of the title truster, and H’s shares and the status of the title trustee were succeeded to the Defendant, who is the inheritor, due to the death of H.

The plaintiffs terminate a title trust agreement with respect to the plaintiffs' shares (each 2/9 shares) among the apartment complexes of this case by serving a copy of the complaint of this case, and seek the defendant to implement the procedures for the registration of ownership transfer due to the execution of the procedures for the registration of ownership transfer due to the cancellation of title trust or the restoration of true

3. The fundamental issue of the instant case is whether F is the title trust of the instant apartment to H, and thus, this is examined.

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