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(영문) 대구지방법원 2017.12.20 2017나306004
소유권이전등기
Text

1. According to the amendment of the purport of the claim by this court, the judgment of the first instance is modified as follows.

In the lawsuit of this case.

Reasons

1. Basic facts

A. On December 3, 1970, the network H (hereinafter “H”) completed the registration of ownership transfer on the instant forest land based on trade.

H After the marriage with I, the Defendants and D were killed on December 15, 1997 with their children, and I and D inherited the property of H (the inheritance ratio: I 3/11, the Defendants, and D 2/11).

B. Around 2003, the Plaintiff filed a lawsuit claiming the performance of the procedure for the registration of ownership transfer based on the cancellation of title trust, alleging that the said real estate was transferred to H one person or H and one other (K or L), as the Plaintiff succeeded to H, D and I filed a lawsuit against the Defendants, D, I, and J, etc. regarding the pertinent real estate and the instant forest, etc. as indicated in the separate sheet (1), (2), and (3), and that the Plaintiff filed a claim for the registration of ownership transfer based on the cancellation of title trust, claiming that the title trust was terminated by delivery of a copy of the complaint (hereinafter “the instant case”), and regarding the instant forest in the instant case, the Plaintiff filed a lawsuit against the Defendants, D, I, and J, as to the forest in this case, 3/11 shares in the instant forest, and the Defendants and D, respectively, sought the registration of ownership transfer based on the termination of title trust on the date of delivery of a copy of the complaint.

C. On June 13, 2004, the decision in lieu of conciliation between the Plaintiff, the Defendants, D, and I was finalized on June 13, 2004 during the proceeding of the first preceding case.

(hereinafter referred to as “pre-determination of mediation”). Conciliation provisions

1. The Plaintiff:

(a) Of each real estate listed in the separate sheet (1) of Schedule I, shares 3/11, shares 2/11, shares 2/11 of each of the Defendants;

(b) Of the real property listed in Schedule 2(2), I shall hold 2,325/17,050 shares, D, and the Defendants shall hold 1,550/17,050 shares, respectively;

C. Of the real estate listed in the separate sheet (3), I shall implement the procedure for the registration of ownership transfer on January 24, 2004 with respect to shares 3/22, D, and the Defendants’ respective shares 2/22.

2. The plaintiff waives the remaining claims.

3. The costs of lawsuit and the costs of mediation shall be borne by each person.

I shall have the effect on 2012.

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