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(영문) 제주지방법원 2021.02.16 2020나12417
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal.

Reasons

1. On March 20, 2009, D completed the registration of each ownership transfer on March 19, 2009, with respect to the land listed in paragraph (1) of the attached list No. 1 (hereinafter “real estate No. 1”) and the building listed in paragraph (2) of the attached list No. 2 of the same Table (hereinafter “No. 2 real estate”).

Attached Form

Land listed in paragraph 3 of the list (hereinafter referred to as “third real estate”) was jointly owned by 5 persons of T, U, V, D, and W at each 1/5 share.

D On March 20, 2009, on March 20, 2009, the Defendant completed the registration of the transfer of ownership on March 19, 2009 with respect to one-fifth of one-fifth of the three immovables.

D The heir died on July 13, 2018, and the heir is the E, the plaintiff, the F, G, and the defendant (D adopted on September 13, 2005, H's children born, but divorced from H on October 8, 2009, and I was accepted on October 25, 2018, upon reporting renunciation of inheritance as Jeju District Court 2018, 563. [Grounds for recognition] / Each entry in the evidence Nos. 1 through 9, 14 through 16, and the purport of the entire pleadings, as a whole.

2. The gist of the Plaintiff’s assertion D is that the 1/5 share of the real estate Nos. 1, 2, and 3 in the name of the Defendant among the real estate Nos. 1, 2, and 1/5 share of the 1/5 share among the real estate Nos. 1, 2, and 3 are at risk of compulsory execution

D The Plaintiff, one of the successors, shall terminate the trust in the above name by serving the purport of the claim of this case and the copy of the application for change of the cause of the claim.

Accordingly, against the Defendant, 1/5 shares among the real estate 1/2 and 1/25 shares among the real estate 1/5 and 3 (i.e., the Defendant’s title 1/5 shares x the Plaintiff’s share 1/5 x the Plaintiff’s share of inheritance 1/5) seek implementation of the registration procedure for ownership transfer on the ground of “the cancellation of a nominal trust”, “the restoration of authentic name”, or “the return

3. A claim for shares in 1/5 of real estate in accordance with paragraph (1) or (2).

A. Recognizing the facts found, the following facts are acknowledged in light of the overall purport of the arguments in Gap evidence Nos. 11, Eul evidence Nos. 11, 5, 9, and 10.

◎ J 조합( 이하...

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