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(영문) 대전고등법원 2018.12.19 2017나10259
신탁해지에의한소유권이전등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. With respect to the Daejeon Dong-gu Daejeon Special Metropolitan City D 151.7 square meters (hereinafter “instant land”), co-ownership registration is made as indicated in the details of changes in the instant land share, as shown in attached Table 2.

Of the registered titleholders, E, F, H, N, and G died before and after the instant lawsuit was filed, and accordingly, their inheritors inherited their co-ownership shares as indicated in attached Table 2.

Defendant C had been registered as the owner of 8400/9500 shares of the instant land, but the registration of ownership transfer with respect to the said shares was completed on April 7, 2015 due to trade after the instant lawsuit was filed on April 7, 2015.

B. The Plaintiff occupies almost most of the instant land.

(The part possessed by the plaintiff is almost the same as the boundary in the cadastral map of the land of this case, but there is little difference between the boundary in the cadastral map of the land of this case). [Grounds for recognition]] The fact that there is no dispute, Gap evidence Nos. 1 through 7 (including each number; hereinafter the same shall apply), the result of the appraisal commission to T Co., Ltd. of the court of first instance

2. The plaintiff's assertion

A. At the time of the Korean War, the South Korean Refugees were living in the Dong-gu Daejeon-dong, Daejeon-dong, and the North Korean Refugees were living in the land owned by the State.

Defendant Republic of Korea rejected each land by specifying the location and size of each person who resided in the land owned (hereinafter referred to as “previous land”).

B. Defendant Republic of Korea completed the registration of ownership transfer as a co-ownership share with respect to the entire land for convenience without allowing each owner to divide the previous land including the land in this case for each owner.

As above, those who completed the registration of equity had completed the registration of equity interest again to the buyer thereafter.

C. The Plaintiff specified the instant land and divided ownership, and the Plaintiff and the Defendants are in a mutual title trust relationship with respect to the instant land.

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