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(영문) 광주지방법원 2017.07.19 2016가단507869
소유권이전등기
Text

1. The lawsuit among plaintiffs B shall be dismissed.

2. The plaintiff A's claim is all dismissed.

3. Of the costs of lawsuit, Plaintiff B is subject to the judgment of the court.

Reasons

1. Grounds for claim;

A. The plaintiff clan is a non-corporate association, and the plaintiff A and the defendant C, the non-party J, and the non-party trust K are the members of the plaintiff clan.

B. On June 30, 1990, the Plaintiff clan trusted three real estate lots in attached Table 1 to Defendant C and J respectively in title trust with 1/2 shares.

Plaintiff

On August 1, 1984, a clan trusted 4 parcels of real estate in the attached Table 3 with each 1/2 shares to the Dong K and J on August 1, 1984.

As the network K died, Defendant D (Inheritance 1/6), E, I, and G (Inheritance 1/9) succeeded to the deceased K.

C. Defendant C manages two parcels of real estate in attached Table 2, each of which the Plaintiff clan held title trust, according to the delegation by the Plaintiff clan.

By December 26, 2013, Defendant C is in custody of KRW 1,182,750 of the cash assets of the Plaintiff clan as the finance of the Plaintiff clan. D.

Plaintiff

On December 25, 2015, a clan opened a general meeting in Gwangju-si L, Gwangju-si, and made a resolution to trust the real estate listed in the list Nos. 1 and 3, registered in the name of the Defendants, under the name of the Plaintiff A, and to return the real estate listed in the list No. 2, managed by Defendant C and the carried-over money under its management.

E. On November 10, 2014, the Plaintiff’s clan issued to Defendant C a certificate of the content that the real estate as indicated in the attached Table 2 should be returned, and that the title trust of the real estate as indicated in the attached Table 1 should be terminated and the real estate should be returned. On November 10, 2014, the Plaintiff sent to Defendant D, etc. a certificate of the content that the title trust of the real estate as indicated in the attached Table 3 should be terminated.

F. The Plaintiff clan terminated the title trust, the real estate, and the intention to return the carried-over money (if the above content certification is not effective, by the termination of the title trust by the delivery of the complaint in this lawsuit) of the Plaintiff clan and the Defendant C, D, E, I, and G, and the real estate and the intention to manage the carried-over money.

G. Accordingly, Defendant C is liable to the Plaintiff for share of 1/2 of the real estate listed in the attached Table 1 list.

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