소유권말소등기
1. Of the instant lawsuit, the part concerning the claim for registration of restitution of trust property shall be dismissed.
2. The defendant shall enter the attached list in the plaintiff.
1. Facts of recognition;
A. On February 26, 2008, the Plaintiff completed the registration of transfer of ownership and the registration of trust (hereinafter “instant trust registration”) with respect to the 3,082 square meters of C forest land in Pakistan-si, Jeonyang-gu, Seoul District Court on the ground of the trust on February 26, 2008.
B. The Defendant filed a lawsuit against the Plaintiff seeking implementation of the procedure for transfer registration of ownership (hereinafter “related lawsuit”) on the real estate on the attached list (one fifth shares in the above forest and field, and the area at the time was 3,085 square meters, but, due to the division on June 13, 2016, three square meters in forest and field were transferred to D in Pakistan-si; hereinafter “instant real estate”) on the ground of the termination of the trust on the date of delivery of a copy of the complaint (hereinafter “instant real estate”), against the Plaintiff.
On July 2, 2014, the court rendered a judgment that “the Defendant shall implement the procedure for ownership transfer registration on October 29, 2013 with respect to the real estate (referring to the instant real estate) indicated in the separate sheet to the Plaintiff on the ground that the trust was terminated on October 29, 2013,” and the said judgment was served by public notice and became final and conclusive in the form of service around that time.
C. On February 9, 2015, the Defendant completed the registration of partial transfer of ownership (hereinafter “instant registration of partial transfer of ownership”) under Article 9885 on the instant real estate on the grounds of the final and conclusive judgment in the relevant lawsuit. On the same day, the registration of partial transfer of ownership in the Plaintiff’s name was completed on February 9, 2015 as “4/5 of the trust property A’s shares due to partial termination of the trust.”
The Plaintiff filed a subsequent appeal against the judgment of the first instance court in relation to the relevant lawsuit, and the appellate court (the District Court Decision 2016Na1862), on July 21, 2017, rendered a judgment of “the first instance court revoked and dismiss the Plaintiff (the Defendant)’s claim,” and the Defendant filed an appeal (Supreme Court Decision 2017Da35458).