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(영문) 대전지방법원 2018.08.09 2018가단142
명의신탁해지를 원인으로한 소유권이전등기
Text

1. As to the Plaintiff with regard to the 714 square meters in paddy-gu, Sejong Special Self-Governing City and 1742 square meters in Sejong Special Self-Governing City:

A. Defendant B shall be 3/144.

Reasons

1. Basic facts

A. The plaintiff is a clan consisting of descendants who set up "H 43 years old descendants I" as the middle group of the Si.

B. J, K, L, and M 4 completed the registration of transfer of ownership on February 15, 1976 with respect to the F 714 square meters in Sejong Special Self-Governing City and the former 1742 square meters in G (hereinafter “each of the instant lands”) by one-fourths in each of the instant lands.

C. The Defendants, among the above registered titleholders, inherited N’s property inherited 1/4 of L’s property to Defendant B 3/9, and the remainder Defendants inherited 2/9 of L’s property, respectively.

[Ground for Recognition: Unsatisfy, Gap evidence 1-3 (including virtual number), Eul evidence 1, the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The Plaintiff’s land in this case was purchased by descendants of “I”, “P”, and “ Q”, who are descendants of “O”, who are the descendants of “O”, who are the descendants of HC 42 years of age. At the time, the land in this case was title trusted by the four descendants of “I” and “ Q.” The land in this case was the land of the Plaintiff’s clan, which is the clan of J, L and Qu descendants, the clan of the Plaintiff’s clan, and the land in this case.

Plaintiff

Since the clan terminated the title trust between L's commercial persons as part of L's commercial persons by serving a duplicate of the complaint in this case, the Defendants are obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust with respect to the portion of 2/14 (3/9 x 1/16) of L's equity among L's equity 1/4 (1/4 x 1/4) inherited by N's 1/16 (1/4) among L's equity among each land in this case, and the remainder of the Defendants are obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust.

B. Defendants (1) are unlawful because there is no legitimate resolution of the Plaintiff clan for the filing of the instant lawsuit by the Plaintiff clan.

② Since each land of this case is farmland, clans are not entitled to acquire farmland, the claim of this case is improper.

③ Since each land of this case is not owned by the plaintiff's clan, but owned by the 42-year-old clans that are the higher clans, the plaintiff's claim is unreasonable.

Even if it is not so, it is the owner of each of the instant lands as well as Quman clans.

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