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(영문) 의정부지방법원 2016.05.13 2015가단103197
소유권이전등기
Text

1. The Defendant’s ground for termination of title trust on April 5, 2015 regarding the real estate stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a clan created by C's D, and the defendant is a clan member of the plaintiff's clan.

B. The ownership transfer registration was completed in the name of co-owner E, F, and the defendant on the ground of sale on January 22, 1990. The ownership transfer registration was completed in the name of G on the ground of sale on August 17, 1992. The ownership transfer registration was completed in the name of H, I, J, and K on the ground of inheritance on October 4, 1999. The ownership transfer registration was completed in the name of the defendant on the ground of sale on December 28, 1999.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that each land of this case was owned by the Plaintiff and was held in title trust in the name of the Defendant. Since the Plaintiff terminated the title trust agreement by serving a duplicate of the instant complaint, the Defendant is obligated to perform the registration of ownership transfer due to the cancellation of the title trust agreement with respect to each land

B. (1) In a case where the issue of title trust on a certain land between a clan and a clan member is disputed, it is proved that the existence of a clan with an organic organization has been registered in the name of the registered titleholder, and the following land has been proved directly by the process or content of the clan, if several registered titleholders have been registered in the name of the registered titleholders, the relationship between the registered titleholder and the clans, the circumstances in which the establishment of the clan graves centering on the Si, the number of graves and the memorials, the size and management status of the land, the receipt and disbursement relationship of profits from the land, the payment relationship of taxes and public charges, and the relation with the completion of registration.

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