소유권이전등기절차이행 청구
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. The costs of lawsuit shall be.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On January 6, 1961, the Plaintiff and I completed registration of initial ownership relating to each of one-half shares of the instant land owned by J.
B. Around June 9, 1958, the J died and the transcript of the J stated that the Plaintiff died on May 5, 1962. However, the Plaintiff asserted that the J died on June 9, 1958, and the Defendant did not actively dispute the time of the Plaintiff’s death, and the Plaintiff and I asserted on the premise that the J died on or before January 6, 1961, when the registration of preservation of ownership of the instant land was completed, the J died on or before June 9, 1958.
The original copy of the J is indicated by N and the plaintiff, etc., who are the wife of ASEAN (K), M (K and L), and the plaintiff's derivative copy is indicated as the plaintiff's family inheritance due to the death of J.
C. I died of J’s father on August 9, 191, and on the inheritance of I’s property by O, Defendant B, C, and D, a child. On March 2, 2003, theO died and succeeded to the property of O, E, F, G, and H, a child.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 3 evidence (including provisional number), the purport of the whole pleadings
2. Determination on the main claim
A. The key point of the Plaintiff’s assertion was K, both pro-friendly P, Q, I, and both, K were married, but K died earlier than J, and the Plaintiff, the son of K, who was the son of K, solely inherited the property of J as the family head heir after the death of the J.
However, since the Plaintiff’s age at the time is old and the mother L is likely to remarried or dispose of property at will, the registration of preservation of ownership was completed with respect to one-half of each of the instant land and one-half of the instant land, and if the Plaintiff becomes an adult, the Plaintiff agreed to transfer the Plaintiff’s shares to the Plaintiff.
This constitutes a title trust agreement, and the registration of preservation of ownership in I name under such agreement is null and void in accordance with Article 4 of the Act on the Registration of Real Estate Forfeiture's Name.