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(영문) 수원지방법원평택지원 2015.08.26 2014가합4318
소유권이전등기
Text

1. Among each real estate listed in the attached real estate list to the Plaintiff

(a) As to the shares of Defendant B 1/5:

B. Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s status and title trust (i.e., a clan that the Plaintiff created I.

The Plaintiff held that each of the real estate listed in the separate sheet of real estate (hereinafter referred to as “each of the instant real estate”) was title trusted to J, K, L, M, and N, each of whom constitutes a clan.

B. (i) A trustee’s inheritance relation (i) died on January 24, 1994 and O, K died on August 10, 1980 and P A, M died on April 23, 1994 and Q, R, S, and N died on August 14, 2003, and Defendant B completed the registration of transfer due to inheritance by agreement division.

Shell Q has died on July 1, 2012 and succeeded to Defendant C and his children, the spouse, Defendant D and Q.

Consolidatedly, on July 7, 2012, the Defendant F, Defendant G, his spouse, and H inherited S.

2. Grounds for recognition;

(a) Defendant B: the main sentence of Article 288 of the Civil Procedure Act (the fact that there is no dispute)

B. Defendant C, D, E, G, and H: Article 208(3)2 of the Civil Procedure Act, the main text of Article 150(3) and Article 150(1)(i) of the Civil Procedure Act

(c) Defendant F: Facts without any dispute, evidence Nos. 1-1, 2, 2-2, 3-2, 5-1, 2, 6-2, 7-2, 8-1, 2, 9-1 through 5, 10-1, 2-1, 2-1, 2-2, 5-2, 7-2, 7-1, 8-2, 8-1, 9-1 through 5, 10-1, 2-1, 2-2, and 3-2, and the purport of the whole pleadings;

3. In conclusion, as to the Plaintiff’s share 1/5 of the instant real estate, Defendant C and F = 1/5 of each of the instant real estate x Defendant C’s share 1/5 of M x 1/3 of Q x Defendant C’s share 3/7 of each of the instant real estate x 3/7 of each of the instant real estate x 1/5 of M x 1/3 of each S x 3/7 of each of the instant real estate x Defendant F’s share 3/7 of each of the instant real estate : Defendant D, E, G, and H 2/7 of each of the instant real estate x 1/5 of E x Q 1/3 of each of the instant real estate x 2/7 of each of the instant real estate x Defendant D and H 1/5 of each of the instant real estate x 1/3 of each of the instant inheritance x Defendant G, H 2/7 of each of the instant claim claims as sought by the Plaintiff.

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