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(영문) 전주지방법원 2010.11.10 2009가단10128
부동산소유권이전등기말소등기
Text

1.(a)

(1) The defendant (any counterclaim is marked as the defendant regardless of whether or not the counterclaim has been filed).

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of the statements in Gap evidence 1 to 16 (including paper numbers), the testimony of the witness BO, the results of the examination of the defendant AE and the overall purport of the pleadings.

The plaintiff is an organization consisting of residents residing in the BP in the North-gun of North Korea.

B. On May 6, 1921, the net Q, net BR, network BS, network BT, and network BU were identified as the owner of the forest land in the former North-gun BN (hereinafter “the forest land in this case”).

C. Around May 6, 1921, the net Q, net BR, network BS, network BT, and network BU donated the forest of this case to the Plaintiff. The Plaintiff occupied the forest of this case until the date of closing argument in this case.

On January 1, 1970, the Plaintiff held the title trust of the forest of this case with BV, BO, Defendant F, Defendant BJ, and Defendant C, and completed the registration of ownership preservation in the forest of this case with 1/5 shares of the previous District Court No. 1108 received on May 25, 1970, respectively.

E. On September 11, 2007, the Plaintiff held a general meeting and decided to terminate the title trust with five persons, such as BV, etc. Accordingly, the Plaintiff demanded the registration of ownership transfer. On September 20, 2007, BV and BO implemented the procedures for the registration of ownership transfer with respect to each of 1/5 shares out of the forest of this case, but Defendant F, Defendant BJ and Defendant C refused the Plaintiff’s request.

F. On November 6, 2008, Defendant BJ donated 1/5 shares of the instant forest under title trust to Defendant BK, one-fifth shares of the instant forest under title trust, and completed the registration of ownership transfer in Defendant BK as of November 6, 2008 by the Jeonju District Court’s non-permanent District Court’s receipt No. 14829, Nov. 6, 2008. At that time, Defendant BJ and BK took the above measures to prevent the Plaintiff from filing a claim for the registration of ownership transfer against Defendant BJ, knowing that the registration of ownership preservation in the name of Defendant BJ was a registration under title trust

G. Meanwhile, the inheritance relationship between net Q, net BR, network BS, network BT, and network BU, the assessment title of the forest of this case, is attached.

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