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(영문) 대구지방법원안동지원 2019.05.29 2016가단20398

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's ground for claim

A. The Plaintiff is a clan consisting of descendants who jointly set up H, 19 years old, FC City G, as its descendants.

B. On December 30, 1964, the Plaintiff completed the registration of initial ownership in the name of the deceased Y, who succeeded to the status of the title trustee of HI on December 4, 1979, and registered initial ownership in the name of the deceased Y C (Death on October 10, 201) by title trust with each land listed in the separate sheet (hereinafter “each land of this case”).

On May 13, 1965, the Plaintiff: (a) registered the title of the J PP No. 1405, and completed the registration of ownership preservation in the name of the deceased I; and (b) on December 4, 1979, the registration of ownership transfer was completed in the name of the deceased C due to the family inheritance; and (c) on July 5, 2005, the said land was replaced with the instant 4 and 5 land.

On May 15, 2006, the registration of ownership transfer was completed in order of Defendant B on the same day.

The Plaintiff terminated the title trust agreement for each of the instant lands to the deceased C by serving the instant complaint. As such, Defendant D and E, the heir of the deceased C, are obligated to implement the procedures for the registration of ownership transfer for each of the instant lands.

However, the land of this case 3, 4, and 5 is claimed for damages arising from tort since the registration of ownership transfer has been completed in the third party as follows.

Although Defendant B knew that the instant land Nos. 1 and 2 is the Plaintiff’s title trust land, he actively participated in the act of breach of trust in the network C and completed the registration of ownership transfer, such registration shall be cancelled following the invalidation of cause.

C. On May 4, 2016, the network C completed the registration of ownership transfer for the instant 3, 4, and 5 land to a third party on the grounds of sale.

Defendant B and the network C filed the instant lawsuit on the grounds of termination of title trust, in collusion, respectively.