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(영문) 창원지방법원밀양지원 2014.04.30 2012가단534
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 20, 1946, after the registration of ownership transfer was made in the name of the defendant's father C on the attached list with no dispute, the registration of ownership transfer was completed on the ground of inheritance by consultation and division on February 2, 1993 under the name of the defendant on May 22, 1993.

2. The plaintiff's assertion

A. The net C sold to the Plaintiff real estate listed in the attached Form No. 5,000, which it owned by the Plaintiff on December 15, 1968, as it was necessary for the Plaintiff to compensate due to the passenger’s death while it was running the taxi business in Busan. The Plaintiff purchased the real estate listed in the attached Form No. 1 and conducted title trust to the deceased C.

B. The Plaintiff, while having C cultivate the real estate indicated in the separate sheet, had C cultivated the real estate from 1969 to E, had C cultivate the real estate from 1985 to F, and sold the real estate indicated in the separate sheet to G around 1991. After doing so, while G cultivated the real estate to F, it had F cultivate the real estate after the death of F.

C. Around March 17, 2010, the Plaintiff notified the Defendant of the cancellation of title trust regarding the real estate stated in the separate sheet. D.

Therefore, the Defendant, who primarily succeeded to the status of the title trustee, is obligated to implement the registration procedure for ownership transfer on the ground of termination of the title trust with respect to the real estate listed in the separate sheet. The Plaintiff acquired the real estate listed in the separate sheet on December 31, 198, which was occupied for 20 years in a peaceful and peaceful manner through E, etc. as the intention of ownership, and thus, the Defendant is obligated to implement the registration procedure for ownership transfer on the ground

3. The judgment was examined, and 43 years have passed since December 15, 1968, claiming that the plaintiff purchased the real estate listed in the separate sheet, and 19 years have passed since February 2, 1993, which was completed registration under the name of the defendant, and the lawsuit of this case was filed at the time of 1968.

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