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(영문) 대구지방법원경주지원 2016.05.20 2014가단4159

소유권이전등기 등

Text

1. All of the instant claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a clan that is a joint ancestor of the E 21 years of age, namely, the “F.”

B. Around 1992, G 1,059 square meters (hereinafter “land before replotting”) was replaced with C 1,985 square meters (hereinafter “instant land”) around the following day.

C. The land before replotting was assessed under H on October 3, 1912, and the ownership transfer registration was completed on March 5, 1965 via I, J, two other, K, and L. The ownership transfer registration was completed in the name of the Defendant on April 2, 2010 via M and N.

On August 7, 2014, the Plaintiff held a clan general meeting and approved matters concerning the filing of the instant lawsuit.

【Ground of recognition】 The facts without dispute, Gap evidence 1 through 6 (including additional number), the purport of whole pleadings

2. The gist of the Plaintiff’s assertion was that the Plaintiff, the grandchildren of “F”, transferred ownership in sequence to H, the name of I, J, and two other, after receiving a title trust assessment. The land before replotting was sold to K in 1934 and L in sequence in 1948.

Since then, the Plaintiff, located immediately adjacent to the land before replotting, was to purchase the land prior to replotting as the answer to the land on December 15, 1956, in the 6th 8th 8th o forest land (hereinafter “O forest”) located next to the Plaintiff’s land owned by the Plaintiff, and purchased the land prior to replotting from L on December 15, 1956. On March 5, 1965, the Plaintiff held title trust to D and completed the registration of ownership transfer in D name.

In the first place, all persons who completed the registration of ownership transfer with respect to the land of this case since D are those who succeeded to the status as a title trustee in succession, and both parties and the plaintiff are recognized as a title trust relationship. Thus, the plaintiff should terminate the title trust agreement with the defendant by delivering the copy of the complaint of this case, and seek the implementation of the registration procedure for ownership transfer on the ground of this termination.

Preliminaryly, the transfer of ownership in the name of the defendant for the land of this case is registered between D and the defendant, or between D, defendant and N.