토지인도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of the court of first instance is that the plaintiff's land and the former owner of the defendant's land provided road packaging to the Jcheon-gun for the prevention of flood damage and for the convenience of traffic, and thus, the plaintiff's land was supplied to the public for traffic at the expense of Jcheon-gun by voluntarily approving the road package. Thus, the plaintiff's testimony of K of the trial witness who is insufficient to recognize that the plaintiff renounced exclusive right to use and benefit from the plaintiff's land is insufficient to recognize that the plaintiff renounced exclusive right to use and benefit from the plaintiff's land. The following new arguments are stated in the reasoning of the judgment of the first instance, except for addition of the new judgment on the
2. Additional matters to be determined;
A. The Defendant is the actual owner of the land of Jincheon-gun, Jincheon-gun, Jincheon-gun, and the transfer of ownership to G on November 7, 2016 due to sale as of November 4, 2016 constitutes a title trust for the purpose of trust without paying the purchase price, and thus, is null and void. The Plaintiff’s transfer of ownership from G, a title trustee, is deemed to have obtained ownership, and thus, is not the owner of the said land, and thus, the Plaintiff’s objection on the merits is unlawful.
However, in a lawsuit for performance, the plaintiff's standing to sue as the plaintiff's own claim itself, and the judgment is absorptioned into the judgment on the propriety of the claim, so the claimant's right to claim for his own benefit is a legitimate plaintiff, and the person alleged as the obligor is the legitimate defendant (see, e.g., Supreme Court Decision 94Da14797, Jun. 14, 1994); the plaintiff's right to claim for removal of land, retaining wall, etc., and the right to claim for return of unjust enrichment constitutes a lawsuit for performance; therefore, the plaintiff's argument alone has standing to sue; therefore, the defendant'
B. Next, the Defendant merely received a litigation trust for performing a litigation as a title trustee.