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(영문) 부산지방법원 2017.06.22 2016가단33444
소유권보존등기절차이행 등
Text

1. The part of the claim for registration of ownership preservation among the lawsuits against the defendant B shall be dismissed;

2.Paragraph 2 of the annex.

Reasons

1. The facts subsequent to the facts are acknowledged as follows. The entries in Gap evidence Nos. 1-8 (including virtual numbers) between the plaintiff, the defendant, the defendant, and the defendant C may be acknowledged by taking into account the overall purport of the pleadings, and the plaintiff, the defendant D, E, F, G, and H are deemed to have no dispute in accordance with Article 150 of the Civil Procedure Act.

A. On September 3, 1976, Defendant B completed the registration of ownership transfer for the land listed in paragraph (1) of the annexed Table No. 1 (hereinafter “instant land”) on the ground of sale and purchase, and newly constructed a building listed in paragraph (2) of the same Table on that ground (hereinafter “instant building”) and obtained approval for use on November 24, 1976, and accordingly registered as the ownership owned by Defendant B on the building management ledger, but did not make registration of ownership preservation, so the instant building remains unregistered until now.

B. On June 29, 197, J entered into a contract with Defendant B to purchase the instant land and buildings (hereinafter “each of the instant real estate”). After entering into a title trust with K, the title trust was made with respect to the instant land. On August 5, 1977, the ownership transfer registration for the instant land was made under the name of K, and the instant building was registered in the name of K on August 9, 197 in the building management ledger.

C. On December 4, 1981, J died, and Defendant G and H were the inheritors, the husband of L and H, and thereafter, Defendant G and H were the inheritors on January 11, 1991.

K died on April 4, 1980, and Defendant C, D, E, and F, her husband, became inheritor.

E. Defendant G, H, and H filed a claim for ownership transfer registration against M and Defendant C, D, E, and F on the ground of termination of title trust with Busan District Court Decision 91Da44052, on January 10, 1992, for the registration of ownership transfer on the ground of termination of title trust with respect to each of 1/5 shares of the instant land from Defendant G and H on November 19, 191.

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