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(영문) 수원지방법원 2016.11.17 2015가합64493
소유권이전등기말소등
Text

1. In the case of Defendant B,

A. Defendant C, D, E, F, G (Defendant 6), and H are written in the attached sheet of equity among the annexed sheet of 1,959 square meters of the forest land of 1,959 square meters in Sungsung.

Reasons

Plaintiff

On June 3, 1971, the clan purchased the land of the Seosung-gun, which is the land prior to the subdivision of the land of the 1,959m2 (hereinafter “instant real estate”) of the UT 1,959m3 (hereinafter “instant real estate”) from V and held the title trust with X,Y, Defendant H, and Defendant I (Defendant 8).

Defendant C, D, E, F, and G (Defendant 6) are the successors to the network X, and Defendant T, J,O, P, Q, R, and K are the successors to the network Y.

On September 16, 2015, the deceased on September 16, 2015, the deceased K taken over the instant legal proceedings.

Defendant B’s clan (hereinafter “Defendant clan”) asserted that he was the owner of the instant real estate, and was in title trust to X and 3 others, and filed a lawsuit against the above title trustee and his heir for the registration of ownership transfer on the ground of the cancellation of title trust. On December 21, 2009, the above court decided to recommend a reconciliation that “the title trustee and his heir implement the procedures for the registration of ownership transfer on the ground of the cancellation of title trust” as stated in the purport of the above.

The defendant clan completed the registration of transfer of ownership on the real estate of this case from the title trustee and his heir in accordance with the decision on the recommendation for reconciliation, but this is the registration of invalidity of the cause that the defendant clan knew and completed.

Therefore, Defendant clans have a duty to implement the procedure for cancellation registration of ownership transfer registration, which is completed with respect to the corresponding shares indicated in the separate sheet among the instant real estate by the title trustee and the remaining Defendants, who are their successors.

In addition, the purport of the claim as of August 26, 2016, including the Plaintiff’s expression of intent to cancel the title trust on the instant real estate, and the application for modification of the cause of the claim, which was served on Defendant J on September 2, 2016, on September 5, 2016, Defendant C, D, E, F, I (Defendant 8),O, and S on September 6, 2016, Defendant L, M, and N, September 6, 2016; Defendant P was served on September 8, 2016; Defendant G (Defendant 6); H, Q, R, and T on September 19, 2016.

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