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(영문) 수원지방법원성남지원 2020.02.11 2018가합404309
명의신탁해지를원인으로한소유권이전등기
Text

1. The Defendants are “the shares of each Defendant and the date of termination” in the attached Form 37,091 square meters of forest AB forest in Seongdong-gu, Seongdong-gu, Sungnam-si.

Reasons

1. Determination as to claims against the remaining Defendants other than Defendant V, W, X

(a)as shown in the reasons for the attachment of the claim;

(b) Defendants E and L: Article 208(3)3 of the Civil Procedure Act (amended by public notice). The remainder of the Defendants: Articles 208(3)2 and 150(3) of the Civil Procedure Act (amended by public notice)

2. Determination as to the claim against Defendant V, W, X

A. The facts of recognition 1) The plaintiff's clan is a clan established for the mutual aid as a result of the friendship among the descendants of the family, and 2) the registration of ownership transfer was completed on January 22, 2016 for all the remaining shares of the plaintiff's clan, excluding the shares of AC, AD and one other, among the land in this case on January 17, 2007, on the ground that the title trust was terminated on January 17, 2007.

3) On June 4, 2016, the Plaintiff clan held a meeting of executives and passed a resolution to transfer the Plaintiff clan to the Plaintiff’s name by holding a lawsuit claiming the registration of transfer of ownership due to the cancellation of title trust with respect to the shares in the name of AC and AD among the instant land. 4) The clan members of the Plaintiff clan collected in the instant land in which the Defendant’s graveyard was the graveyard every year, and had been punished for the funeral, and have paid various taxes, such as the property tax, etc. on the instant land.

5) Meanwhile, on April 23, 1979, the deceased’s property (one-seven shares out of the land in this case and below shares) is indicated as the deceased’s property (the ownership of the land in this case) died without his/her own loss.

Upon the deceased’s death, the heir of the next order of heir AE and AF respectively inherited 1/2 shares of the deceased, and the above AE died on December 9, 1993 and inherited 1/7 shares of the deceased’s property (1/14 shares) to his/her own net AG, net AH, L, M, N, network AI, andO (i.e., the AJ died on October 13, 2016).

(A) On December 29, 2005, the above AG died on the deceased’s property (1/98 shares) P, Q, and .

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