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(영문) 의정부지방법원고양지원 2020.01.10 2019가합72178
소유권이전등기
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a clan that consists of DC E as its descendants, and Defendant B is a member of F, which is the plaintiff's clan, and Defendant C is a F's member of F.

B. On October 29, 1992, Defendant B completed each registration of initial ownership on each of the lands listed in the separate sheet Nos. 2, 3, 4, 6, 7, 8, 9, 11, and 12, and on each of the lands listed in the separate sheet Nos. 1, 5, 13, and 14 on June 22, 2017.

C. On October 29, 1992, Defendant C completed each registration of initial ownership on each of the lands listed in Articles 10 and 16 of the [Attachment List], and on June 22, 2017, each of the lands listed in Articles 15 and 17 of the [Attachment List].

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. Each land indicated in the attached list of the Plaintiff’s assertion is the land owned by the Plaintiff. For the convenience of the land investigation project conducted in the Japanese colonial era, the title trust was made to F, and the land investigation division was given F, and each land listed in the attached list Nos. 1 through 14 was inherited in succession after F died, and each registration of preservation of ownership was made in the name of the Defendants, by inheritance to Defendant B, and each land listed in the attached list Nos. 15 through 17 was inherited to Defendant C. The Defendants succeeded to the status of the title trustee as to each land listed in the attached list, and the Plaintiff expressed his intent to terminate the title trust agreement with the Defendants by delivering the copy of the complaint of this case.

Therefore, with respect to each land listed in the separate sheet Nos. 1 through 14, Defendant B is obligated to implement the registration procedure for ownership transfer on each land listed in the separate sheet Nos. 15 through 17.

B. Since the Plaintiff’s assertion against the Defendants became final and conclusive in the prior suit seeking the implementation of the ownership transfer registration procedure as the same cause of claim against the Defendants, the Plaintiff’s lawsuit in this case is recorded in the attached list against the Defendants.

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