소유권말소등기 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
1. The following facts are acknowledged in light of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 3, 4, and 2; and (c) the purport
A. 10,017 square meters of M forest land (hereinafter “forest land before division”) was owned by P. The following is divided into the forest land indicated in the purport of the claim (hereinafter “instant forest”) on June 28, 2013, which was after the registration of ownership transfer was completed in the name of O, etc.: (a) the forest land was divided into the forest land indicated in the purport of the claim and the 289 square meters of N forest land.
B. On December 23, 191, the registration of ownership transfer was completed on November 15, 1991 with respect to the forest land before the division (hereinafter “registration of this case”).
C. Around March 21, 1992, the beginning of the next year, “land purchase and co-ownership agreement” (hereinafter “Co-ownership agreement”) as shown in the attached Form was drawn up with respect to the forest land before subdivision (the seal stampeds written in overlap with “AC” of “O,” which was held at the end of the second page of the above document). The title holder’s registration cause 11,653/10,017 RR 192/10,017 termination of title trust as of June 25, 1996, 31,421/10,017 of T Co-ownership agreement as of June 25, 1996, 31,421/10,017 of the W Co-ownership agreement as of June 21, 1996, is not specified as a right holder.
D. On June 27, 1996, the ownership transfer registration as listed below was completed with respect to some portion of the forest land before division, and the shares in the name of O remain 5,951/10,017.
E. P was killed on November 22, 1991; U was killed on September 16, 200; U was killed on April 222, 2014; F, G, H, and I among the co-defendants of the first instance court, are U’s respective successors, B, D, and E; the Defendants are O’s successors.
2. The parties' assertion
A. Plaintiff 1 is not theO but the forest land before division, which was purchased from P on November 15, 191 and held in title trust with P as stated in Section 1(b). The above title trust agreement and the registration of this case became null and void pursuant to Articles 11, 12, and 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name. The registration of this case was completed after P was deceased. Accordingly, P’s heir is invalid.