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(영문) 서울행정법원 2019.07.12 2019구합33
토지분할측량 등 무효확인
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

Based on the facts, on March 26, 2013, the co-ownership right holder of each land listed in the list of land before subdivision 1 (hereinafter “each land of this case”) filed a lawsuit claiming the transfer of ownership based on the cancellation of mutual title trust as the Seoul Central District Court 2013No23667, supra, against E, the Plaintiff, the deceased, and the deceased F (a subsequent G lawsuit was filed, but H succeededed at the appellate court), who was the co-ownership right holder of each land of this case, as the co-ownership right holder of each land of this case on March 26, 2013.

On November 27, 2014, the above court rendered a judgment for partial claimant in the following order.

1. E, the Plaintiff, G, I, and J shall implement each of the co-ownership shares stated in the column for “personal share” in each part of the land indicated in the “Separately-owned Land” column for the “relevant Plaintiff” list of the shares cited in the judgment of the first instance court in the case related to Attached Form 2, with respect to each of the co-ownership shares indicated in the “Separate-owned Land” column for the co-ownership; ① E shall be the cause of termination of title trust as of May 31, 2013; ② G, and I shall be the cause of termination of title trust as of May 29, 2013; ② G and I shall be the cause of termination of title trust as of May 30, 2013; ④ J shall implement each procedure for the registration of ownership transfer as of July 17, 2013.

2. Each claim against B, C, and D E, A, I, and J shall be dismissed.

The above court is in a mutual title trust relationship with respect to each land listed in paragraphs (1) and (2) of the Schedule of Land B, C, D, E, plaintiffs, G, I, and J prior to subdivision 1, and with respect to the remaining persons other than G (G was deemed to have been led to confession), D’s share-related part of the land listed in the Attached Table 1 List Nos. 23, 26, 27, 28, 28, 5, 6, 7, 8, 30, 29, 21, 22, and 23 in sequence among the land listed in the Attached Table No. 1 List No. 1 of the Attached Table No. 3, and C’s share-related part of the land listed in the Attached Table No. 3,4, 5, 28, 27, 26, 35 of the land listed in the Attached Table No. 1 List No. 306.

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