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(영문) 광주지방법원 2015.09.15 2014가단26403
소유권이전등기
Text

1. The plaintiff B and C's primary claims are all dismissed.

2. Each real estate listed in the separate sheet to Plaintiff A, among the real estate listed in the separate sheet;

Reasons

1. On May 8, 200, Plaintiff A’s basic facts (hereinafter “Plaintiff clan”) held title trust with F on the title trust of 1/2 shares among each real estate listed in the separate sheet on May 8, 200, and accordingly, the ownership transfer registration has been completed in the name of F on May 16, 200, with respect to 1/2 shares of each real estate; thereafter, F left Defendant D and the remaining designated parties (hereinafter “Defendants”) who are the spouse E and his/her wife, and died on May 23, 2014, may be recognized by each entry in the evidence No. 5-1, 2, and 6.

2. At the time of the plaintiff clan's title trust with the deceased clan B and C, the deceased agreed that the plaintiff clan will complete the registration of ownership transfer with the third party designated by the plaintiff clan when the plaintiff clan wishes to do so, and the defendants who are their inheritors are obligated to implement the registration of ownership transfer with respect to the above real estate shares to their third party designated by the plaintiff clan according to the inheritance shares on the ground of such agreement.

However, according to the evidence No. 6 (Guarantee), it can be acknowledged that the letter prepared by the deceased at the time of title trust and delivered to the plaintiff clan is merely stating that “I will, at any time, undertake to comply with the request for the registration of title transfer from among the questions.” In light of this, it is insufficient to view that the document alone was insufficient to conclude that the deceased agreed to complete the registration of title transfer to a third party designated by the plaintiff clan as alleged in the above assertion, which is not the title truster, and there is no other evidence to acknowledge such assertion. Therefore, there is

3. In full view of each of the statements in the evidence Nos. 1, 7, and 17 (including each number), the Plaintiff clan convened a general assembly on January 14, 201 and April 8, 2014, respectively to terminate the title trust of the deceased.

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