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(영문) 대전지방법원 2017.05.25 2015가단31114
명의신탁해지에인한 소유권이전등기
Text

1. Between the Dong-gu Daejeon and 148.9m2;

A. As to Defendant E and F, each of the respective shares of Plaintiffs B and C, 21.2/3432, 2).

Reasons

1. Indication of claim;

A. The Republic of Korea sold a specific part of the land located in Dong-gu Daejeon District L (hereinafter “land before subdivision”) prior to the subdivision of the ownership, and only the registration was completed to the purchaser in proportion to the size of sectional ownership as to the entire land before subdivision.

B. The land indicated in the text of this case (hereinafter “instant land”) is the land partitioned from the land before subdivision, and divided by the network A and Plaintiff D, respectively, divided by one-half shares.

However, the 14/858 shares in the land of this case in the name of the network M, and the 21.2/858 shares in each of Defendant E and F have completed the registration of ownership transfer in each of Defendant E and F.

C. Meanwhile, the deceased on September 17, 2012, and Defendant G, H, I, and J jointly inherited the network M. D.

The deceased died on September 13, 2016 during the course of the instant lawsuit, and the co-inheritors died on September 13, 2016, and there were Plaintiff B, C, and N, the wife of Plaintiff D and children. On October 20, 2016, the above co-inheritors agreed on the division of inherited property with the purport that Plaintiff B, and C will own each share of the deceased’s name among the instant land.

E. The Plaintiffs, through the service of a copy of the application for modification of the purport of the claim as of February 6, 2017, terminate the mutual title trust agreement with respect to the instant land against the Defendants.

F. Accordingly, among the instant land, Defendant E and F are liable to each Plaintiff B and C for share 21.2/342 (i.e., shares 21.2/8 x 1/2 x 1/2 x 1/2). As to the Plaintiff D’s share 21.2/1716 (i.e., shares x 1/2) (i., 21.2/858 x 1/2), Defendant G, H, I, and J are liable to each Plaintiff B and C for share 14/13728 (i.e., 14/8 x 1/2 x 1/4 x 1/2). With respect to each Plaintiff D’s share 14/64 (i.e., 14/858 x 1/2 x 1/4) as to each of the instant land.

2. Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act of the judgment deemed to be a confession.

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