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(영문) 광주지방법원 2019.01.11 2017가단529590
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a clan that sets up the Gangnam-nam M of L, which was brought up by the Gangwon Observer, the Yellow Sea Observer, etc.

B. Around 1981, the network N, the Plaintiff’s local loss, was assessed on the instant real estate, and the network N died, and the network O, the Plaintiff’s local loss, completed the registration of ownership preservation on the instant real estate on June 18, 1971.

C. On November 29, 1994, Defendant I, the Republic of Korea, completed the registration of ownership transfer of the instant real estate on the ground of donation made by February 7, 1984, and Defendant I sold the instant real estate to Defendant J (Defendant 2C and Dong name, the father’s father’s father) on December 11, 2015, who is a DongN resident, and completed the registration of ownership transfer on the same day.

On March 10, 2016, Defendant J donated the instant real estate to Defendant K, a spouse, and completed the registration of ownership transfer on the 11th of the same month following the following day.

The heir of the networkO has the defendant 2 C, D, I, H, G, and E, who is the spouse of the defendant B and his children.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 5-1-4, the purport of the whole pleadings

2. The plaintiff's assertion that the real estate of this case was in the name of the deceased N andO after the plaintiff's clan got out of the conciliation in 500, and collected the tombstone of 20 years and managed it every year. At the time of the Land Investigation Decree, each title trust was made in the name of the deceased N andO after being investigated in the name of the deceased N.

However, on the ground that the deceasedO, a title trustee, donated the instant real estate to Defendant I, who is an infant of the instant real estate, and Defendant I sold it to Defendant J, a dong resident, and Defendant J again donated it to Defendant K.

Defendant J and K had been well aware that the instant real estate was put in title trust to the deceased clanO.

Plaintiff

Since a clan terminates a title trust agreement with the networkO on the instant real estate, Defendant I, J, and K around the world.

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