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(영문) 창원지방법원통영지원 2016.11.30 2016가합185
소유권이전등기
Text

1. The Defendants: (a) on June 13, 2015, share of 1/3 of each of the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a lineal descendant of F 19th Line G, a clan consisting of 20th H, 21th unit I, and J as joint ancestor descendants.

B. The registration of ownership preservation was completed in the name of K in 1931 with respect to each real estate listed in the separate sheet Nos. 1 and 3, and on April 23, 1931, L completed the registration of ownership transfer on the ground of sale on April 20, 1931. On February 26, 2007, pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500, May 26, 2005) under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500, Jun. 10, 1970) in the Defendants’ future.

Attached Form

On June 25, 2008, registration of preservation of ownership was completed in accordance with the Act on Special Measures for the Registration, etc. of Ownership of the said real estate on June 25, 2008.

(2) Each of the real estates listed in the separate sheet (hereinafter referred to as the “each of the instant real estates”) shall be the “each of the instant real estates,” and the registration of ownership transfer and registration of ownership preservation, which are completed in the name of the Defendants, shall be referred to as the “registration in the name of the Defendants of this case.” 【The grounds for recognition,’ the absence of dispute, the entries in the separate sheet Nos. 1, 2, and 1 and

2. The parties' assertion

A. The Plaintiff’s assertion that each of the instant real estate was owned by the Plaintiff as a clan’s property, but the registration of ownership transfer was completed with the Defendants according to the title trust agreement with the Defendants.

On June 13, 2015, the Plaintiff expressed his/her intent to terminate title trust to the Defendants. As such, the Defendants are obligated to implement the registration procedure for ownership transfer based on the termination of title trust with respect to each of the instant 1/3 shares of each of the instant real estate.

B. The Intervenor’s assertion of each of the instant real estate was owned by K, the initial registration of ownership preservation of which was completed, and thereafter, by the inheritors of K, the Intervenor owned each of the instant real estate against the Plaintiff and the Defendants, as one of the inheritors of K.

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