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(영문) 대전지방법원 2017.10.18 2016가합237
명의신탁해지 및 소유권이전등기
Text

1. The Plaintiff’s lawsuit against Defendant B, C, D, E, F, G, H, I, J, K, L, M, N, andO was filed on July 18, 2016 by the said Defendants.

Reasons

1. Facts without dispute;

A. The plaintiff is a clan consisting of adult men and women among the descendants of V who are 18 years old U.S. descendants.

B. The registration of ownership transfer or ownership transfer has been completed in the name of 4 persons, such as W, X,Y, and Z (hereinafter “W”) with respect to each one-fourth portion of the real estate listed in the [Attachment 2] (hereinafter “instant real estate,” according to the sequence 1/4 of “the instant real estate”).

C. The Defendants are four inheritors, including W, etc.

W et al. 4 and the defendants are all the plaintiff's paper members.

(hereinafter referred to as "the details of inheritance" of the Defendants are as shown in the attached Table 3 without any particular indication of the current deceased. The details of inheritance of the Defendants are as shown in the attached Table 3.

(hereinafter [Attachment 3] C. The Plaintiff’s assertion on the portion of inheritance by real estate as “the portion of inheritance in this case”).

A. The instant real estate was owned by the Plaintiff and title trust to 4 persons, including W, which is a final cause.

On June 27, 2016, the Plaintiff terminated the title trust relationship by serving a written amendment of the purport of the claim.

B. The Defendants, who are four inheritors, such as W, are obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust on the date of the final service of the copy of the above modified statement on the portion of inheritance in this case to the Plaintiff.

3. Determination

A. The Defendants indicated in the Disposition No. 1 (Defendant 1 through 14) (hereinafter “Defendant B, etc.”) as indicated in the Disposition No. 1 (hereinafter “Defendant 1, etc.”) against the Defendants as indicated in the Disposition No. 1

(2) On July 12, 2016, the Plaintiff stated that all of the claims of the Plaintiff were accepted at the reply, and the above reply was made at the first date for preparatory pleadings on July 18, 2016. (2) If the purport of recognizing the other party’s claims is stated in the pleading protocol, it shall be deemed that the fall of the claimant becomes effective even if the other party’s claims are not prepared separately (see, e.g., Supreme Court Decision 2002Da7800, 7817, May 10, 2002). Accordingly, the lawsuit is terminated as a matter of course (see, e.g., Supreme Court Decision 2002Da7800, 7817, May 10

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