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(영문) 대구지방법원 2014.09.23 2013가단45195

소유권이전등기

Text

1. The part concerning the claim for ownership transfer registration in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Determination as to the legitimacy of the part claiming ownership transfer registration among the lawsuit of this case

A. The Plaintiff’s assertion 1) The forest land of this case is originally owned by the Defendant’s father, the deceased H (hereinafter “the deceased”).

A) The deceased was owned by the Defendant, and the title trust was made by the deceased. The Plaintiff leased KRW 100 million to the Defendant on or around July 20, 1995 upon the deceased’s request. The deceased donated the forest of this case to the Plaintiff at the end of the deceased. However, the title trust agreement between the deceased and the Defendant is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the deceased died on or around November 1, 1999. As such, the owner of the forest of this case is the deceased and the deceased including the Defendant. Accordingly, in order to preserve the right to claim for the transfer of ownership based on the inheritance against the deceased’s heir, the Plaintiff exercised the right to claim the transfer of ownership based on the recovery of the real name due to the inheritance of each inheritor, on behalf of the Defendant, including the Defendant (hereinafter “Defendant, etc.”), and thus, the instant lawsuit filed against the Plaintiff, I, I (hereinafter “Plaintiff, etc.”) and the Defendant, and the appellate court was unlawful.

B. According to the evidence Nos. 1 and 1 Eul evidence Nos. 1 and 2, the defendant et al., the deceased's heir, entrusted the plaintiff with the duty of treatment expenses and living expenses, etc., the plaintiff et al. voluntarily consumed KRW 2,068,269,335, and the plaintiff et al. voluntarily consumed KRW 1,779,920,559 among them. The plaintiff et al. filed a lawsuit seeking compensation for damages. In the Daegu High Court case No. 2004Na2558, the appellate court of the above lawsuit, the defendant et al., the Daegu High Court 2004Gahap6232.