logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원정읍지원 2017.07.11 2016가단11705
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On October 20, 2015, the Plaintiff is an organization that held the general assembly of promoters on October 20, 2015 by taking the 3 South-year-old 45 years of age G H as a joint group.

B. On June 16, 1971, the non-party deceased K (the deceased on April 16, 1988, hereinafter “the deceased”) completed the registration of preservation of ownership in the name of the deceased as to one-third portion of C Forest land 24,000 square meters (hereinafter “the instant land”).

C. The Defendant (Appointed Party) and the designated parties indicated in the annexed list of the designated parties are successors of the deceased; D/126 shares of the designated parties D/126 shares; 15/126 shares of the land in this case; 11/126 shares of the designated parties E; and 126 shares of the Defendant (Appointed Party); and 11/126 shares of the designated parties.

[The grounds for recognition] The fact that there is no dispute between the Defendant (Appointeds) and the designated parties (hereinafter referred to as “Defendants”), and the purport of the whole entries and arguments in Gap evidence Nos. 1, 2, 3, 9 through 15 (including each number, hereinafter the same shall apply)

2. The parties' assertion

A. The Plaintiff’s assertion is the land owned by the Plaintiff, which is title trusted to the Deceased, L, and M.

In addition, Nonparty N paid property tax while managing the instant land, which is the Plaintiff’s day, and L and M, which are other right holders of the instant land, recognized the fact of title trust and transferred ownership to the Plaintiff.

Therefore, the title trust of the instant land against the Defendants, the deceased’s heir, is terminated, and the Defendants should implement the procedure for ownership transfer registration on the ground of termination of title trust on May 6, 2017, according to their respective inheritance shares among the instant land, based on the purport of the claim as of May 6, 2017 and the filing date of the application for change

B. The Plaintiff’s assertion by the Defendants is not a clan but a clan similar organization and filed the instant lawsuit without a resolution of the general meeting. Thus, the instant lawsuit is unlawful.

Even if the instant lawsuit is lawful, the Plaintiff did not hold title trust of 1/3 of the instant land to the Deceased.

arrow