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(영문) 대전지방법원 2020.06.17 2019가단125253
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In the year 1971, registration of preservation of ownership has been made with respect to one third shares in the name C, D, and E in respect of the real estate listed in the separate list for registration of preservation of three persons (hereinafter “instant real estate”).

B. On October 9, 2003, after the F’s death agreement on the division of inherited property of F separate inheritance, one of the above co-owners died of D in 197. On October 9, 2003, F (the Defendant’s husband who was on the Plaintiff’s punishment) as co-inheritors of the deceased, the Plaintiff, G, and H 4 prepared a written agreement on division of inherited property (the agreement on division of inherited property attached to B 1-1 registration certificate) with the effect that F solely succeeds to D’s property, and on October 14, 2003, the registration of transfer of ownership was made for inheritance due to the agreement division in F’s name with respect to the entire shares of RD (1/3) among the instant real property.

C. Following the F’s death by inheritance, the F died of the F, and on April 5, 2013, the registration of ownership transfer was made in the name of the Defendant, the F’s wife, due to inheritance by division held on January 5, 2013.

[Ground of recognition] Evidence Nos. 1 through 3 (including paper numbers), Eul evidence No. 1-1, the purport of the whole pleadings

2. The real estate of this case, which is the cause of the plaintiff's claim, is actually owned by I clan, and the clan entrusted the name in the name of C, D, and E, which is the head of each branch, and completed registration of preservation of ownership for one third in the name of C, D, and E in 1971.

After that, four persons, including the plaintiff, etc., who are the co-inheritors of the same clans after the death of the above D, prepare a written agreement on division of inherited property that F will succeed solely to the inherited property under the name of F, as a means to register the instant real estate owned by the clans under the name of F, as in the previous practice, and the plaintiff completed the registration of transfer under the name of F, with respect to the shares owned by D, so the plaintiff has held a title trust in the future of F, and the title trust agreement is null and void.

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