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(영문) 창원지방법원 밀양지원 2018.09.12 2017가단13238
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. J established the Plaintiffs and the Network K (hereinafter “the deceased”) as their children, but died on May 9, 1978, and L, the wife of J died on December 22, 1996.

B. On June 12, 1995, the registration of transfer of ownership was completed on the deceased on the ground of sale as of October 10, 1982, and the registration of provisional disposition was completed on December 9, 1996 with respect to the remaining real estate except for the real estate listed in paragraph (1) of the attached list among each real estate of this case. The registration of provisional disposition was completed in the name of Plaintiff F (hereinafter “registration of provisional disposition”).

C. On May 10, 2017, the Deceased died. The Defendants, the inheritor of the Deceased, completed the respective share transfer registration (Defendant G, H 3/10, Defendant I 4/10) on each of the instant real estate on July 13, 2017 due to the inheritance by agreement division.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 4 (including additional number), and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiffs asserted that each of the instant real estate was owned by J. After J’s death, where the Plaintiffs and the Deceased completed the registration of ownership transfer under the name of the Deceased, and subsequently sold each of the instant real estate, the Plaintiffs and the Deceased decided to distribute the sales price at the same rate.

In light of this point, each real estate of this case is owned by the plaintiffs and the deceased, but the plaintiffs can be deemed to have held title trust with their own shares.

However, the Defendants, who succeeded to the status of the deceased through the instant conciliation application, expressed their intent to terminate the title trust. As such, the Defendants are obligated to implement the registration procedure for ownership transfer based on the termination of title trust, such as the purport of the Plaintiffs’ claim, in proportion to their respective shares in each of the instant real estate.

B. As seen earlier, the fact that the registration of the instant provisional disposition was completed.

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