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(영문) 창원지방법원진주지원 2019.08.22 2018가단33752
소유권이전등기
Text

1. The Plaintiff:

A. The Defendants are attached to each share indicated in the attached Form, among 15439 square meters of high-gun Preamland in Gyeongnam-do.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of each land listed in paragraphs 1 and 2 of the Disposition.

B. On April 28, 1971, the Plaintiff held title trust with respect to the land indicated in the Disposition No. 1 (hereinafter “instant land”) against R, S, T, U, and V (hereinafter “five persons, including R, etc.”) and five persons, including R, etc. completed registration of ownership preservation with respect to one fifth of each of the instant land No. 1.

C. Around December 2, 2013, S died and succeeded to 1/5 of the land of this case. U died on July 15, 2004 and X succeeded to 1/5 of the land of this case.

On December 22, 2017, V, W, X completed the registration of transfer with respect to three-fifthss of shares of the land of this case on the ground of the termination of title trust to the Plaintiff.

E. R died on June 24, 1985, and Defendant B, C, D, E, F, G, H, and I inherited one fifth of the land of this case as the shares in the attached sheet.

F. T: (a) died on February 14, 2013; (b) Defendant J, K, L, M, N, andO inherited one fifth of the shares in the land of this case as shown in the attached Form.

G. Meanwhile, around 194, the Plaintiff held title trust with T and Y on the land specified in the Disposition No. 2 (hereinafter “instant land”) and T and Y completed the registration of initial ownership on April 15, 1994 as to one half of the instant land No. 2.

H. According to the agreement on division of inherited property, Defendant J inherited one-half of the instant land in accordance with the agreement on division of inherited property, and completed the registration of transfer of shares on March 6, 2013.

I. The Plaintiff expressed his intent to terminate the title trust on the land Nos. 1 and 2 of this case, and an application for change of the purport of the claim and the cause of the claim stated therein was served on the Defendants on the date stated in the attached Form.

[Ground of recognition] Facts without dispute (defendant J, L), Gap 1 through 7, the purport of the whole pleadings

2. Determination

(a) Where any real right to the real estate held by a clan is registered under the name other than a clan, the title trust agreement shall be null and void;

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