소유권이전등기
1. The judgment of the first instance, including the plaintiffs' claims reduced in the trial, shall be modified as follows.
In this case.
1. Basic facts
A. On September 3, 1930, the real estate listed in the separate sheet Nos. 1, 2, and 3 (hereinafter “instant one real estate”) and each real estate listed in the separate sheet Nos. 4, 5, and 6 (hereinafter “instant two real estate”) indicated in the separate sheet Nos. 1, 2, and 3 indicated in the separate sheet Nos. 2 and the separate sheet Nos. 4, 5, and 6 were transferred on September 3, 1930 to C and 11, and the instant real estate No. 2 is indicated as the owner other than C and 9.
B. Each real estate listed in the separate sheet No. 3 (hereinafter “instant three real estate”) is under circumstances with theO on February 5, 1913 on the former land cadastre, and the address of O, which was the circumstance on August 30, 1930, was changed to “R”, and on September 3, 1930, the registration of preservation of ownership was completed under the above O’s name and the ownership was transferred to the non-party C and the non-party 10 on the same day, but the registration is destroyed.
[Reasons for Recognition] Each entry of Gap evidence Nos. 5, 6, 8, 15, and 16 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. The gist of the plaintiffs' assertion is that the plaintiff A's clan (hereinafter "Plaintiff A's clan") is the owner of the real estate of this case 1 and 2, and the plaintiff B's clan (hereinafter "Plaintiff B's clan") is the owner of the real estate of this case 3.
On August 1930, Plaintiff 1’s clan entered into a title trust agreement with Nonparty C and 11 (the real estate of this case 1), Nonparty C and nine (the two real estate of this case) with respect to the real estate of this case 1 and 2, and Plaintiff 2’s clan entered into a title trust agreement with Nonparty C and 10 with respect to the real estate of this case 3 and transferred their ownership to the above members.
After that, the plaintiffs terminated the above title trust with respect to the above members.
Therefore, the above members have a duty to complete the registration of ownership transfer on the ground of the termination of title trust with respect to the real estate of this case 1, 2, and 3, and the plaintiffs have the right to claim the registration of ownership transfer as the preserved right.