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(영문) 서울고등법원 2016.04.07 2015나16509
부동산인도 등
Text

1. The judgment of the court of first instance, including the main claim and counterclaim that was modified in the trial, shall be modified as follows.

Reasons

1. Basic facts

A. From November 1, 1966, P purchased from the plaintiffs and the defendant's network N (the deceased on August 10, 1970) about 15 square meters (the name before the change of the administrative district: Qu 155 square meters) of Seoul Jung-gu, Seoul. The network N trusted the above land in title to R who is his/her partner. On December 19, 1966, R was erroneous as of April 19, 1966 in the real estate register with Gap evidence No. 1. 1, the date of receipt. The above land was divided into E large 29 square meters and AC large 45 square meters, AD large 23 square meters, and AE large 42 square meters, and 40 square meters of the above land (the date of receipt, the date of registration of ownership transfer was completed in the name of the above land) and the title trustee was divided into 40 square meters and 460 square meters of the above land and 54 square meters of Seoul.

3) From August 10, 1970, the date of the death of the network N, the plaintiffs, the defendant shared the land of this case with R as above from August 10, 1970, which was held in title trust with R. Around 191, the Seoul District Court's Dong Branch Branch of the Seoul District Court (Seoul District Court Decision 91Na1062) filed a lawsuit for the implementation of the procedure for the registration of transfer of ownership due to the cancellation of title trust, and the above judgment became final and conclusive through R's appeal andO, the plaintiffs and the defendant's incidental appeal (Seoul High Court Decision 92Na48767) and the appeal of R (Supreme Court Decision 94Da143777).

Accordingly, on the ground of termination of trust as of November 10, 1994, around July 9, 1991, the deceasedO, the plaintiffs, and the defendant completed the registration of ownership transfer as to the portion of the land of this case, 68.324/61.2 shares of the deceasedO, 34.162/661.2 shares of the plaintiff A, 34.162/661.2 shares of the plaintiff C and the defendant, 136.648/61.2 shares of the plaintiff C and the defendant, respectively, and the plaintiff B completed the registration of ownership transfer as to the portion of the land of this case on the ground of termination of trust as of July 9, 1991, which remains in the name of R among the shares of this case, 285.418/61.2 shares of 136.648/61.2 shares.

Accordingly, the R's share in the land of this case is 148.7/661.2.

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