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(영문) 서울중앙지방법원 2016.01.15 2013가합67520
소유권이전등기절차이행 등
Text

1. The Defendants shall enter the Plaintiff in the column of “shares” in the annexed Table of Shares in Land among the area of 807 square meters in Daegu-si I, Daegu-si, and the Plaintiff.

Reasons

1. Basic facts

A. The registration of preservation of ownership was completed on March 13, 1931 in the name of K, L, and M (hereinafter “three persons, including K, etc.”) with respect to the land of 1/3 square meters in the 1807 square meters in Daegu-si, Daegu-si, and J 77 square meters in sequence (hereinafter “1 and 2 land”).

B. The Korea Land and Housing Corporation accepted the land on December 28, 2009 and deposited 271,942,050 won for the expropriation as a deposit by three persons, including K, who are co-owners, on the 14th of the same month, as shown in the bond list (hereinafter “bonds list”), respectively (hereinafter “the 1,2,3 deposit”).

C. On May 17, 1920, L deceased on February 16, 1948, M, who is his children, succeeded to N’s property by succession or by substitute succession of N’s property, following N’s death on July 5, 2007. As N’s death on July 5, 2007, Defendant E, F, G, H, and H, the spouse of Defendant C, the grandchildren of Defendant C, and the grandchildren (referring to the spouse and children of N’s deceased children of N on August 25, 1985).

As a result, the Defendants inherited the right to claim payment of 2/3 shares in land (i.e., 1/3 M shares in L), and 2/3 deposit in attached Form 1’s list of shares in land and the claim for payment of the purchase price of 2/3 deposit in attached Form 1’s list of shares in bonds (hereinafter “land share list”), respectively.

[Ground of recognition] Facts without dispute, Gap 5 through 9, Eul 1 evidence (including each number; hereinafter the same shall apply), the purport of whole pleadings

2. Determination on the defense prior to the merits

A. With respect to the assertion that the plaintiff filed a title trust claim for the transfer of ownership based on the termination of title trust and the transfer of the right to deposit money for the right to claim for the transfer of ownership based on the title trust with K and other three parties, the defendants are merely a clan similar organization comprised solely of some descendants residing in Q Q Q Q Q Q in the Gyeong-gun, North Korea among the descendants, and thus a clan entity is merely a clan similar organization.

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