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(영문) 청주지방법원충주지원 2015.10.08 2015가단130
명의신탁해지를원인으로한 소유권이전등기
Text

1. Of the real estate listed in the attached list No. 1, the Plaintiff

A. As to the shares of Defendant B, C, D, and E, 63/378.

Reasons

1. Facts of recognition;

A. On September 30, 200, the Plaintiff purchased real estate listed in the [Attachment List No. 1] from Nonparty M on September 30, 200, and entrusted each of the above real estate to Defendant B, C, D, E, and Non-Party N andO. 2) The Plaintiff entrusted the name of the real estate listed in the [Attachment List No. 2] to Nonparty P, and P was under the circumstances of the above real estate.

After that, Q completed the registration of ownership preservation under the Act on Special Measures for the Registration of Real Estate on June 19, 1985 after consultation with the plaintiff clan members. As Q dies, the registration of ownership transfer for the above real estate was completed on September 26, 200 by inheritance by agreement and division on March 13, 200.

B. N was killed on March 26, 2004.

Accordingly, Defendant F, the N’s spouse, succeeded to the N’s property as the shares of 2/9 each, Defendant G, H, and I, the N’s children.

C.O died on May 31, 2009.

Accordingly, Defendant J, the spouse of theO, succeeded to the O's property as the shares of 3/7, Defendant K, and L, the O's children, 2/7.

The Plaintiff terminated the title trust of each real estate listed in the separate sheet against the Defendants through the service of a duplicate of the instant complaint.

[Reasons for Recognition] Judgment by Treating Confession (Article 150 (3) of the Civil Procedure Act)

2. According to the above facts of recognition, the Defendants were entrusted with each real estate listed in the separate sheet by the Plaintiff, and each of the above title trusts was terminated by the delivery of a copy of the instant complaint.

Therefore, with respect to the Plaintiff’s share as to Defendant B, C, D, and E among the real estate listed in the attached list No. 1, as to each of the 63/378 shares (=N’s share 1/6 x Defendant F’s share 3/9) and Defendant G, H, and I’s share as to each of the 14/378 shares (=N’s share 1/6 x 2/9). As to the Plaintiff’s share as to the foregoing Defendants’ N (i.e., N’s share 1/6 x 2/9) (=O’s share 1/6 x Defendant J’s share 3/7), Defendant K, and L, respectively, as to each of the 18/378 shares (O’s share 1/6 x 2/7).

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