소유권이전등기말소 등 청구의 소
1. The judgment of the first instance court is modified upon a claim that has been changed in exchange at the trial as follows.
The lawsuit of this case.
1. Basic facts
A. The network D, such as transfer of ownership on each of the instant land, sold the instant land to the network E on October 1941, and sold the instant land to the network E on April 7, 194. The ownership transfer registration for each of the instant land was not completed in the network E’s name.
As to the instant land No. 1, the Daegu District Court (No. 2111, May 21, 1969; hereinafter “Special Measures Act”) received on June 19, 1970 pursuant to the former Act on Special Measures for the Registration of Ownership of Forest and Forest Land (No. 2111, May 21, 1969; hereinafter “Special Measures Act”). As to the instant land No. 23803, Nov. 7, 1970, the registration of ownership transfer under each Defendant B’s name (hereinafter “each registration of ownership transfer”) was completed on November 7, 1970 under the same Act.
B. 1) The Network E died on March 12, 1989, and Defendant B, the Plaintiff and F, G, H, H, and I are children of the network E. 2) The network D died on August 19, 1949, and due to the death of Defendant B, the Plaintiff, the F, the H, the H, and I, K solely succeeded to the deceased status on January 21, 1958.
After that, K died on September 16, 1981 and jointly succeeded by Defendant (Appointed Party), Appointor L, M, N, andO.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3 (including virtual number), the purport of the whole pleadings
2. Progress of this case
A. In the first instance trial, the Plaintiff’s assertion in the first instance trial was primarily owned by the network D, and “each of the instant lands was originally owned by the network D, and the network E purchased each of the instant lands from the network D, and the network E decided to donate each of the instant lands to the Plaintiff. However, the Plaintiff was merely nominal trust with Defendant B at the time of completing the registration of ownership transfer in accordance with the Act on Special Measures for each of the instant lands. The registration of ownership transfer was made against Defendant B based on the restoration of authentic title as to each of the instant lands by asserting that it is “the purport is.”