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(영문) 대전지방법원논산지원 2016.11.17 2015가단1935

소유권말소등기

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The assertion and judgment

A. On November 11, 1985, the Network J, the summary of the Plaintiff’s assertion, purchased the instant land from the Plaintiff, the former owner of the instant land, and the Defendant B, Nonparty K, network L, and network M held title trust with 1/4 shares each on the condition that Defendant B, Nonparty K, network L, and network M will bring the deceased’s death. Accordingly, the ownership transfer registration was completed in the future of each of the above title trustee without having gone through the deceased.

However, regarding the instant land, the title trust agreement became null and void because it was not registered in the name of the actual right holder within one year from the enforcement date prescribed by the Act on the Registration of Real Estate under Actual Right Holder’

Therefore, Defendant B and the deceased’s inheritors of Defendant D, E, F, G, and network M are liable to implement the cancellation registration procedure for each inheritance share in relation to the registration of ownership transfer, as described in the purport of the claim, to the Plaintiff as the deceased’s heir.

B. Comprehensively considering all the evidence submitted by the Plaintiff, the Deceased purchased the instant real estate from I.

The Plaintiff’s assertion is not acceptable because there is no other evidence to acknowledge that the Plaintiff entered into a title trust agreement with Defendant B, Defendant K, network L, and network M as alleged by the Plaintiff.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.