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(영문) 부산지방법원 2016.06.29 2015가합3320
소유권이전등기등
Text

1. The Plaintiff, among each real estate listed in the separate sheet, Defendant F, with respect to 1/7 shares, Defendant G, and H, respectively, 1/14.

Reasons

1. Facts of recognition;

A. On October 17, 1973, the deceased I (hereinafter “the deceased”) completed the registration of ownership transfer based on each sale of the land listed in [Attachment List Nos. 1 and 2] as to the land listed in [Attachment List Nos. 1 and 3] on August 14, 1978.

On the other hand, the deceased completed the registration of preservation of ownership on August 28, 1978 on the building listed in paragraph 4 of the attached list on the ground of the land listed in paragraph 3 of the attached list.

B. After the Plaintiff’s death (round May 1972, 1972), the Plaintiff had resided in the building as stated in the attached Table No. 4, which was born from August 1978.

C. As the Deceased died on September 7, 2014, the Defendant G and H inherited or inherited the Deceased according to their statutory shares of inheritance, which are the children of the Plaintiff, Defendant B, C, D, E, F, and the deceased’s children (the death on November 9, 2008, the divorce on July 2, 2004). Each inheritance share is Plaintiff 1/7, Defendant B, C, D, E, F, Defendant G, and H, each of their respective 1/14.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. The parties' assertion

A. Plaintiff 1) The Plaintiff’s own real estate listed in paragraphs (1) through (4) of the attached list (hereinafter “each of the instant real estate”) with the Plaintiff’s funds.

In purchasing, the title holder of the contract, the ownership transfer registration, and the ownership preservation registration titleholder were the deceased. At the time, the owners of each of the instant real estate were unaware of such title trust circumstances. (ii) Pursuant to the above contract title trust agreement, the registration of ownership transfer and preservation registration was completed in the name of the deceased prior to the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

However, the above title trust agreement was null and void pursuant to Articles 4(1) and 11 of the Real Estate Real Name Act due to the failure to complete the actual name registration under the Plaintiff’s name within the grace period under the Real Estate Real Name Act, and the deceased acquired full ownership of each of the above real estate.

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