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(영문) 대전지방법원서산지원 2019.05.22 2018가단52940
소유권이전등기
Text

1. With respect to the Plaintiff’s 2,205 square meters prior to D, such as 803 square meters prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Selection E is 3/19 square meters, respectively.

Reasons

1. The following facts may be acknowledged in full view of the evidence No. 1 to No. 11, the evidence No. 19, the witness F's testimony, and the purport of the whole pleadings.

The plaintiff is a clan in which the 17-year-old member I is a joint ancestor based on Gmph.

B. On September 13, 1960, J’s father K sold each real estate listed in the Disposition No. 1 (hereinafter “instant real estate”) to the Plaintiff around October 5, 1959, and on September 13, 1960, the registration of ownership transfer was completed on October 5, 1959 with respect to the instant real estate as the Plaintiff’s paper L, M, and N.

C. On the other hand, around 1959, the Plaintiff managed the tomb of a vessel while carrying out a vision, which caused K to manage the Plaintiff’s real estate and use the instant real estate free of charge in return for the management of the Plaintiff’s real estate and the use of the instant real estate for an administrative food.

In addition, after K died around 1982, K used the instant real estate free of charge while performing the above management work. D

However, on June 19, 2008, the Plaintiff prepared a book on several lots of land, including the instant real estate, and received a provisional disposition order on February 2, 2018, on the ground that the right to claim ownership transfer registration based on the cancellation of title trust was a preserved right. On February 2, 2018, the Plaintiff rescinded the provisional disposition registration and sold the real estate owned by the Plaintiff to a third party located near the instant real estate.

E. M, a joint owner of the instant real estate, died on July 17, 2004; N on April 19, 2006; L on May 23, 2009; and L died on May 23, 2009. As L’s heir, there are designated parties E (3/19 shares in inheritance); Defendant (Appointed Party); Defendant B (Appointed Party) and remaining designated parties (2/19 shares in inheritance).

2. In the case where the issue of title trust on a certain land between the registered titleholders, such as clans and clans, is disputed, to some extent at the time the registered titleholders have completed the registration on such land.

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