1. Basic facts

A. The plaintiff is the wife of E who is the defendant's living together, and the counterclaim defendant is the birth of E.

B. On December 30, 1978, the Hongcheon District Court, Hongcheon District Court, as the receipt of No. 6130 on December 30, 1978, registered the preservation of the ownership of each one-third share of the Plaintiff, the counterclaim Defendant, and the Defendant’s name.

C. The registration of ownership transfer was completed on December 30, 1972 with respect to 165 square meters in Hongcheon-gun F, Hongcheon-gun, the site for the instant building, and the registration of ownership transfer was completed on December 30, 1972 with respect to D large 149 square meters (hereinafter “instant land”). As to D large 149 square meters (hereinafter “instant land”), the registration of ownership transfer was completed on December 31, 1974 with respect to 9959 square meters in the Plaintiff’s name. ③ G large 165 square meters in the name of the Defendant was completed on April 8, 1977.

(2) Each of the above lands, except for the land of this case, shall be deemed to be the adjacent land of this case) / [based on the ground of recognition] / The facts of no dispute, Gap evidence Nos. 1 and 2, Eul evidence No. 21-1 through No. 21-3, the purport of the whole pleadings.

2. Summary of the parties' arguments;

A. The gist of the Plaintiff’s assertion is that the Plaintiff newly built the building of this case with his husband E with funds raised by borrowing money from revenue who is a her husband and the Plaintiff’s land owned by the Plaintiff as collateral, and that the Plaintiff acquired the Plaintiff’s original acquisition. As to the 1/3 portion of the building of this case, the registration of ownership preservation was completed on the ground of a title trust agreement to the Defendant.

However, since the registration of preservation of shares in the name of the defendant is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), the defendant is obligated to implement the procedure for registration of cancellation of the registration of preservation of shares in this case to the plaintiff who is the original acquisitor

B. The summary of the defendant's assertion (1) The building of this case was newly constructed in around 1978 and was originally acquired by the defendant, and each share of 1/3 is divided into the counter defendant and the plaintiff.