손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 15, 1957, the field B 1,640 square meters in Gyeonggi-gun (hereinafter “land prior to subdivision”) was subdivided into the 1,074 square meters in Gwangju-si, Gwangju-si, and 1,071 square meters in the D previous 1,060 square meters in size and 11 square meters in the D previous 1,060 square meters in size and 11 square meters in the D previous 1,060 square meters in size and 1,060 square meters in the D previous 1,028 square meters in size and 32 square meters in the 1,583 square meters in G field.
(hereinafter referred to as "land after subdivision"). (b) C, D, G, and E four parcels.
The present defendant after the change and merger of the name of Joseon Trust Co., Ltd. and several times
collectively referred to as “Defendant”
(C) On October 10, 1958, the Plaintiff completed the registration of initial ownership relating to the land after subdivision. C. On August 29, 2012, the Plaintiff sent to the Defendant a certificate of content that the trust contract will be terminated, and at that time, reached the Defendant. [In the absence of dispute over the grounds for recognition, evidence A No. 1-1 through evidence A-6, and the purport of the entire pleadings.]
2. Determination on the cause of the claim
A. The Plaintiff’s assertion H concluded a trust agreement with the Defendant on the land before division, and completed the registration of ownership transfer in the name of the Defendant.
(The land register and land cadastre are the Defendant’s registration of preservation of ownership). Since then, the land before division was divided into several parcels, and the Plaintiff inherited H’s property solely through an agreement on the division of inherited property with co-inheritors after H’s death.
Since the Plaintiff notified the Defendant on August 29, 2012 that the trust contract will be terminated, the trust contract was lawfully terminated, and the Defendant is obligated to implement the registration procedure for transfer of ownership based on the termination of the trust contract with respect to the land after division to the Plaintiff.
However, before the termination of a trust, I filed a lawsuit against the defendant for cancellation of registration of ownership preservation and received a favorable judgment, and completed registration of ownership preservation on the land after division, and as a result, the defendant's obligation to transfer ownership to the plaintiff was impossible, the defendant is equivalent to the value of the land.