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대구지방법원안동지원 2016.01.27 2015가단1185

소유권이전말소등기 청구

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1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against I who is represented by the plaintiff.

Reasons

1. On August 20, 1919, the plaintiff clan asserted that the plaintiff clan was the owner of the real estate of this case, and on August 20, 1919, the plaintiff clan held the title trust of the real estate of this case in the name of M, N, andO three for convenience.

However, on June 23, 1970, N issued a false guarantee and completed the registration of ownership preservation on the real estate of this case in accordance with the Act on Special Measures for the Registration, etc. of Forest and Forest Ownership, and Defendant E completed the registration of ownership transfer on August 29, 1981 by the same method in accordance with the Act on Special Measures for the Registration, etc. of Real Estate Ownership.

Since then, in spite of the fact that E had not entered into a sales contract with K and Defendant D, on December 22, 2000, he completed on September 3, 2001 the registration of partial transfer of ownership with respect to 1/3 shares of the instant real estate, and completed the registration of partial transfer with respect to 1/3 shares of the instant real estate to Defendant D on September 3, 2001.

In other words, the real estate of this case is the ownership of the plaintiff clan and has been registered in trust for the members of the plaintiff clan and has been actually managed by the plaintiff clan. K and the defendant D, despite their well-knownness as the members of the plaintiff clan, completed the registration of ownership transfer for each 1/3 portion from the defendant E, as they purchased the real estate of this case.

Since then, K’s 1/9 shares out of the 1/3 shares are under the name of Defendant C on July 26, 2002, and the 1/9 shares were completed in the name of Defendant F on October 14, 2009, respectively, and Defendant B completed the registration of the entire claim for transfer of shares on April 14, 2003 as to the 1/9 shares in the name of Defendant C among the instant real estate.

On the other hand, N succeeded to N’s property on December 31, 1972 by Defendant E, P, Q, R, S, and T, and on December 27, 2008, K succeeded to K’s property on December 27, 2008.

In addition, Defendant E completed the registration of transfer of ownership with respect to the portion of 5721/27092 of the instant real estate among Defendant H, which was manufactured to move the property on October 29, 2004, due to donation.