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(영문) 대구지방법원 2020.11.10 2019나321397
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against C as the representative of the Plaintiff.

3...

Reasons

1. Basic facts

A. The plaintiff is a clan with DC 20 years old E as a joint ancestor, which consists of descendants, and the defendant is a member of the plaintiff's clan.

B. The registration of ownership transfer was completed on September 3, 1971 with respect to the real estate listed in the separate sheet (hereinafter “the real estate of this case”) in order, and individually, on September 3, 1971, the registration of ownership transfer was completed in F. The following reasons are as to the real estate of this case.

1) As to the real estate No. 1 of this case, on February 4, 1987, the registration of transfer of ownership was completed on the ground of the inheritance of the 3/10 shares in G, the 2/10 shares in the 3/10 shares, the 2/10 shares in the 2/10 shares in G, H, I, and J, and on February 4, 1987, the registration of transfer of ownership was completed on the ground of the above G, H, I, I, and J's shares in the 8/10 shares in each of the above G, H, I, and J. 2 of this case. The registration of transfer of ownership was completed on March 20, 195, K, and L's shares in each of the 1/2 shares in each of the above 1/2 shares on May 7, 199. The registration of transfer of ownership was revoked on the grounds of a final judgment of the Daegu District Court on May 7, 1996.

【Fact-finding, Gap’s entries in Gap’s evidence Nos. 1, 2, 11, 23 through 24 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant real estate was owned by the Plaintiff, and the Plaintiff, around 1970, title trusted the instant real estate to the deceased F, the father of the Defendant.

Accordingly, registration of ownership preservation has been completed in the future of the deceased F on the instant real estate, and the registration of ownership transfer has been completed in the future of the defendant, who is the heir of the deceased F.

The plaintiff terminated the above title trust by serving a duplicate of the complaint of this case. Thus, the defendant is based on the termination of the title trust with respect to the real estate of this case.

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