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(영문) 대전지방법원 2016.11.30 2014가합8145
신탁해지에의한소유권이전등기
Text

1. The Plaintiff, [Attachment 2] A.

(1) Defendants mentioned in paragraph (1) and Defendant C’s acceptance Intervenor B shall be between Daejeon Dong-gu D, Daejeon and 151.

Reasons

Basic Facts

A. Attached Form 3 is attached to the Daejeon Dong-gu Daejeon District 151.7 square meters (hereinafter “instant land”).

(1) The same Table shall apply to the nominal holders mentioned in paragraph (1).

(2) A co-ownership share is registered as described in paragraph (1).

B. From among the registered titleholders, 1) E, F, and G died before December 8, 2014, which was the date of the instant lawsuit, and thus the heir corrected the indication of the party. 2) H taken over the lawsuit as Defendant I, J, K, L, and M’s heir on June 15, 2015, which was the date of the instant lawsuit. 3) N died on January 6, 2016, and took over the lawsuit as Defendant O, P, Q, and R’s heir. C. The Defendant C sold 8,400/95,00 shares of the title of the instant lawsuit to B on April 7, 2015, which was the date of the instant lawsuit, and completed the registration of ownership transfer on May 18, 2015, which was the date of the instant lawsuit.

[Reasons for Recognition] [Attachment 2] [Attachment 1] (A) (1) The Defendants and intervenors (hereinafter “the Defendants who have no dispute”) are listed in [Attachment 2]

[Attachment 2] [Attachment 2] [Attachment 150(3) and (1) of the Civil Procedure Act]: The Defendants indicated in Paragraph (1) (hereinafter “Buss Defendants”) shall be deemed to be the Defendants.

: Each entry in Gap evidence 1, 2, 5, and 7 (including paper numbers; hereinafter the same shall apply) without dispute.

The plaintiff's assertion of the whole argument

A. At the time of the war in the Dong-gu Daejeon War, the refugees in South Korea were residing 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. The Defendant Republic of Korea completed the registration of ownership transfer as a co-ownership share with respect to the entire land for convenience, without making the registration of ownership transfer by dividing the land to each owner, including the first land in this case.

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

C. The plaintiff.

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