소유권이전등기말소 등 청구의 소
1. The plaintiff's conjunctive claim against the defendant B is dismissed.
2. The plaintiff's primary responsibility against the defendant B.
1. Facts of recognition;
A. 1) The Network D sold the instant land to the Network E on October 10, 1941, and sold the instant land to the network E on April 7, 194. As to each of the instant land, the ownership transfer registration was not completed in the name of the network. 2) Under the Act on Special Measures for the Registration of Forest Ownership (Act No. 2111) with respect to each of the instant land, as for the instant land, the ownership transfer registration was completed in Defendant B’s name under the Daegu District Court Port Branch No. 10176 as of June 19, 1970 as of the receipt on June 19, 1970, and the ownership transfer registration was completed in the name of Defendant B under the same Act as of November 23803 received on November 7, 1970.
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 and F, H, H, and I, K solely inherited the deceased on January 21, 1958.
After that, K died on September 16, 1981 and jointly succeeded by the Defendant (Appointed Party) C, Appointer L, M, N, andO.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff’s registration of transfer of ownership on each of the instant lands in Defendant B’s name was completed according to the title trust agreement between the deceased E and the Defendant B, and thus becomes null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name. The deceased E donated each of the instant lands to the Plaintiff on or around August 1976 and acquired the Plaintiff’s ownership on each of the instant lands. As such, Defendant B is liable to implement the procedure for the registration of transfer of ownership on each of the instant lands for the restoration
B. We find it difficult to acknowledge the Plaintiff’s assertion only by examining the judgment case, Gap’s evidence 4-1 to 3, Gap evidence 6-1 to 4, and witness testimony. This is different.