logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.04.05 2018가단20301
소유권이전등기
Text

The Defendants, except Defendant B, shall have an inheritance share in attached Form B, among the land size of 2056 square meters in the Y maintenance of Y in Jeonju-si, Jeonju-si.

Reasons

The Plaintiff asserts that the AI land is the land trusted by Defendant B (hereinafter “Defendant clan”) to the Defendants (excluding the Defendant clan), and that the Plaintiff purchased it from the Defendant clan, the Defendants (excluding Defendant clan) are liable to implement the procedure for the registration of ownership transfer of AI land according to their respective inheritance shares.

In full view of the statement No. 1 and No. 2-1 of the evidence No. 2, it is recognized that the defendants (excluding the defendant clan) are the successors of the title trustee as the land the defendant clan registered in trust to the clan members.

However, inasmuch as the Plaintiff entered into a sales contract on the land of Defendant clans and AI, it is permitted to file a claim for the registration of ownership transfer only for Defendant clans, and unless otherwise agreed with the Defendants (excluding Defendant clans), the Plaintiff cannot immediately file a claim for the registration of ownership transfer on the land of AI with the Plaintiff against the Defendants (excluding Defendant clans) who are not parties to the contract (see Supreme Court Decision 93Da47738, May 24, 1994). This cannot be viewed differently on the ground that the AI land is farmland and cannot be registered for ownership transfer due to the cancellation of the title trust in the name of Defendant clans.

In full view of the overall purport of the pleadings in the statement No. 1, No. 2, and No. 3 of the 2056 square meters of AH maintenance 205 square meters (hereinafter “AH land”), it is recognized that the land of AH is also the land that the defendant clan held in title by the defendant clan to a clan member, and the defendants (excluding the defendant clan) purchased AH land from the defendant clan on April 24, 2018, and the plaintiff expressed his/her intention to terminate the above title trust agreement against the defendants (excluding the defendant clan) on behalf of the defendant clan by delivering a duplicate of the complaint of this case.

arrow