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(영문) 수원지방법원평택지원 2015.05.20 2014가단2995
소유권말소등기등
Text

1. As to each of the plaintiffs 1/5 shares:

A. Defendant D, E, F, G, H, I, J, K, P, and Q are listed in Appendix 1.

Reasons

1. Facts of recognition;

A. On July 8, 1998 with respect to the land of this case which was originally owned by the deceased S, the registration of transfer of ownership in the name of the deceased T (hereinafter “instant registration of transfer of ownership”) was completed on July 8, 1998 with respect to the land of this case on the grounds of sale on July 8, 1998.

B. After the deceased on November 17, 2012, the deceased deceased on September 23, 2013, the deceased’s wife, and eventually, the Plaintiffs, Nonparty W, and X inherited the network U’s property by 1/5 shares, respectively.

C. Meanwhile, the network S and the network T were all killed before the instant lawsuit. The respective shares of the Defendant L, M, N, andO (hereinafter “the Defendants on the part of the network S”) as the heir of the network S are as shown in the separate sheet No. 2, and each shares of the remaining Defendants, the heir of the network T, (hereinafter “the Defendants on the part of the network T”) are as listed in the separate sheet No. 1.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, 10 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Both claims;

A. On July 8, 1998, the deceased U.S. purchased the instant land from the deceased S. However, the title of the ownership transfer registration was merely nominal trust to the deceased T. Therefore, the ownership transfer registration of this case is governed by the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

As such, the Plaintiffs, the heir of the network U, who has the right to claim ownership transfer registration under the sales contract against the deceased S’s heir, seek for the cancellation of the part corresponding to the inheritance shares (attached Form 1) of the deceased T, among the instant land, to the Defendants on the part of the deceased T, who are the heir of the deceased T, on behalf of the deceased T, regarding the inheritance shares (each shares 1/5 shares) among the instant land. The deceased T, among the ownership transfer registration, shall be subject to the cancellation of the part corresponding to the inheritance shares (attached Form 1 shares list) of the Defendants on the part of the deceased T, and the Defendants on the part of the deceased S, pursuant

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