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(영문) 서울고등법원 2015.12.11 2014나53099

소유권말소등기

Text

1. The part of the judgment of the court of first instance against the plaintiffs falling under the following order shall be revoked.

A. The defendant is a defendant.

Reasons

Basic Facts

The status E 14th class F of the parties had Yong-Nam Nam G, 2 South H, 3 South Ha, 4 South Ha, 5 South J, and 4 South J, but the joint defendant D branch of the first instance trial (hereinafter “the clan of this case”) was a clan that set up the above 15th class J 4th class and the defendant was a eightth class lineal descendant of JJ.

Plaintiff

A is a member of the clan of this case who is a representative.

Each land listed in the separate list of real estate attached to the instant clans and the Defendant’s prior suit (hereinafter “each land of this case”) shall be specified in the separate list of real estate attached to the instant case. Meanwhile, the land listed in the Nos. 1, 6, and 7 of this case shall be classified by the sequence in the attached list of real estate. On the other hand, the land listed in the Nos. 1, 6, and 7 of this case shall be classified into

As to the land which was partitioned in the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate, the registration of ownership preservation was completed on June 29, 1953 with respect to the N and the land of this case 2. The registration of ownership transfer was completed in the name of the Defendant on June 29, 1953. The land of this case 3 and 4 was completed on June 29, 1981, and the land of this case 5 was completed in the name of the Defendant under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate.

(2) On July 3, 2008, the instant clan, the representative of which was the Plaintiff, filed a lawsuit against the Defendant for filing a claim for the registration of transfer of ownership on the ground of the cancellation of title trust (hereinafter “prior lawsuit”) with the Seoul Eastern District Court 2008Gahap9844, by asserting that each of the instant lands was in title trust with the Defendant, and against the Defendant, the instant clan, the registration of transfer and registration of ownership preservation by the restoration of the Defendant’s name (hereinafter “instant restoration registration”) was filed.

On April 3, 2009, the above court rendered a judgment dismissing the claim of the clan of this case.

Accordingly, the clan of this case appealed as Seoul High Court 2009Na40174.

This Court held on October 15, 2009 that each of the lands of this case was entrusted to the defendant by the clan of this case on the ground that the clan of this case was trusted to the defendant.