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(영문) 제주지방법원 2015.09.15 2015가단50193
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 9, 1938, the registration of preservation of ownership was completed in the name of the Plaintiff, who is the additional father of the Plaintiff, on April 9, 1938 with respect to C forest land 5,098 square meters (hereinafter “the instant real estate”). On the same day, the registration of ownership transfer was completed in the name of the Plaintiff, who is the additional father of the Plaintiff, and one-six shares in the name of the E and five persons, respectively. On August 21, 1981, F and four others, the registration of ownership transfer was completed again in the name of one-six shares.

B. On February 21, 1995, the registration of ownership transfer was completed for 1/6 of F's shares among the real estate in this case, and on January 9, 2007, the registration of ownership transfer was completed for 5/6 of the total shares of G and four others in the defendant clan.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant real estate was inherited from the Plaintiff’s fleet. The Plaintiff’s assertion that the instant real estate was transferred to the Plaintiff’s fleet on April 9, 1938, and on April 9, 1938, the Plaintiff transferred the instant real estate to H (the Plaintiff, the Plaintiff, on the registry, claimed that the “E” on the registry is H’s name) and five-friendly owners. The remaining five-six shares, other than H(E), are nominal trust.

H entered into a title trust agreement with G and four other parties on August 21, 1981, with respect to five-six-six percent shares in the above title trust, and completed the registration of ownership transfer (shares) in the fourth other than G.

The above title trust agreement entered into with G and four persons and any change in real rights pursuant thereto have been null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder's Name. However, the registration of transfer of ownership (shares) formed in the future of the defendant clan from G and four persons is also null and void.

In addition, there is no reason that the substance of the defendant clan is uncertain and that the resolution of the clan that the defendant clan intends to be transferred to the future of the defendant clan is defective, etc.

H Through I (Divisions of the Plaintiff) the instant case.

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