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(영문) 창원지방법원 밀양지원 2017.03.08 2016가단2996

토지소유권이전등기말소

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1. The defendant is about the 89 square meters of Korean bank (Seoul Jung-gu Seoul Metropolitan Government 203 square meters) as well as the B 89 square meters of the ditch.

Reasons

1. Basic facts

A. On November 30, 1934, C entered into a trust management agreement with the Joseon Trust Co., Ltd. for the period from November 30, 1934 to November 29, 1954 (hereinafter “the trust agreement of this case”) under which the trustee changed the category and converted the area into “89 square meters” from “to “87 square meters” on November 11, 1994; hereinafter the same shall apply) as to the property before and after the change, the trustee was a shipbuilding Trust Co., Ltd., and the beneficiary of trust interest as C, the trust principal beneficiary C, and the trust principal beneficiary C, D, E, F, G, and the trust period from November 30, 193 to November 29, 1954 (hereinafter “the trust agreement of this case”). On June 5, 1935, C completed the registration of ownership transfer due to the trust agreement of this case.

B. On June 22, 1935, C entered into a change agreement to delete F and G from the beneficiary of the trust principal under the instant trust agreement with a shipbuilding Trust Co., Ltd., and completed the registration of change in the trust ledger by changing the beneficiary of the trust principal to C, D and E three persons on July 19, 1935.

C. On November 11, 1994, the Defendant completed the registration of transfer of ownership on the ground of reversion of rights (hereinafter “the registration of transfer of ownership”) on September 11, 194.

On the other hand, on October 29, 1946, the Joseon Trust Co., Ltd. was finally changed to Korea Light Bank on January 4, 1999 following the change of its trade name on the grounds that the trade name was changed to the Chosun Trust Bank Co., Ltd. as a profit-making corporation owned by Japan, and on April 1, 2001, the trade name was finally changed to Korean Commercial Bank.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, Eul Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff finally transferred the right to benefit from the trust principal under the trust agreement of this case, and the right to claim for ownership transfer registration following the termination of the trust agreement of this case to our bank. The real estate of this case is reverted property.