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(영문) 대구지방법원안동지원 2015.11.04 2014가단22895
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion is a steering car of the deceased B (the deceased on May 20, 2015, hereinafter “the deceased”), and the Defendant is the sole heir of the deceased B.

In 194, the Plaintiff received a proposal to jointly purchase the land with E from the spring deceased in order to purchase the land at the rate of 1:1:2 of the Plaintiff, E, and the Deceased’s 3306 square meters (hereinafter “land before division”) at the time of permanent residence before division.

Accordingly, the plaintiff, who believed the plaintiff's horses, was in the process of raising the plaintiff's horses, prepared a total of KRW 50 million for the purchase price and transfer cost.

On June 28, 1994, the Plaintiff participated in the conclusion of the sales contract for the land before subdivision with the Deceased and E, and the Plaintiff’s name was omitted in the sales contract, and the reason was asked to the Deceased.

However, in the name of the deceased, first of all, the deceased prepared a sales contract where the name of the plaintiff was omitted because he/she did not raise any objection to believe that he/she is the deceased, and his/her transfer of ownership was completed with shares of 3/4, E1/4.

On the other hand, on May 27, 2002, the land before subdivision was divided into FF 827 square meters prior to permanent residence (hereinafter “F land”) and D 2479 square meters prior to permanent residence (hereinafter “instant land”) due to the partition of co-owned property, and E completed the registration of sole ownership transfer for the instant land, while the Deceased completed the registration of ownership transfer for F land.

After that, during the course of operating an urban community enterprise, the Plaintiff and the Deceased died during the process of completing the registration of ownership transfer on the Plaintiff’s 1/3 shares among the land in this case, and the Defendant succeeded to the rights and obligations of the Deceased.

Therefore, 1/3 shares out of the land of this case were completed in the deceased's future according to the title trust agreement, and the plaintiff terminated the title trust agreement as a delivery of a copy of the complaint of this case. The above title trust agreement was made before March 30, 1995, which was the date of enactment of the Act on the Registration of Real Estate under Actual Titleholder's Name

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