소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff’s assertion and determination party’s assertion that the real estate of this case is the title trust of the Defendant by the deceased, the father of the Plaintiff, and the Plaintiff, as the deceased’s inheritor, has the inheritance share of 1/5. Therefore, the Plaintiff, as the deceased’s inheritor, seeks the termination of the above title trust relationship, and seek the registration of ownership transfer for the Defendant as to the shares of 1/5, which correspond to the Plaintiff’s inheritance shares
The Defendant’s assertion that the instant real estate was directly purchased by the Defendant, and there was no nominal trust from the network C.
Judgment
Facts of recognition
The deceased on May 8, 1995, and his heir died, E, Plaintiff, F (Death on November 21, 201), G, and H, the wife of which was the wife (Death on January 24, 2008), and the Defendant’s children.
As to the instant real estate, the registration of ownership transfer has been completed for the Defendant on the ground of sale and purchase as of March 2, 1998, No. 4621, which was received on March 2, 1998, and February 29, 1998.
[Ground of recognition] Uncontentious facts, Gap 1 and 2 evidence, and real estate registration of legal principles related to the purport of the whole pleadings shall be presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and the person who asserts that he/she had registered by trust in another person shall be liable to prove the fact of title trust.
(1) In light of the aforementioned legal principles, the lower court’s determination on October 29, 2015 (see, e.g., Supreme Court Decision 2012Da84479, Oct. 29, 2015). In so doing, the lower court did not err by misapprehending the legal doctrine regarding the following circumstances, contrary to the Plaintiff’s assertion: (a) the witness evidence submitted by the Plaintiff; (b) the witness testimony by the J; and (c) the Defendant did not retain a registration certificate of the right to the instant real estate or a written consent to the purchase and sale of the instant real estate.