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(영문) 대전지방법원홍성지원 2016.11.02 2016가단2185

소유권확인

Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts L, on February 25, 1960, completed the registration of ownership transfer on the ground of sale on February 11, 1960 with respect to 660 square meters (hereinafter “instant real estate”).

M on May 20, 1992, M completed the registration of ownership transfer based on sale on April 16, 1992.

M died on June 22, 1997, and the Defendants jointly inherited M’s property.

[Ground of recognition] Unsatisfy, Gap 1-1, 1-2, the purport of the whole pleadings

2. The Plaintiff’s cause of the claim: (a) purchased the instant real estate from L around 1974 and donated it toO.

However, as L was missing, around May 20, 192, L trusted the instant real estate to M who managed the instant real estate, and M agreed to transfer the ownership of the instant real estate to P if M returned to O.

However, the O died on July 2015, and the plaintiff and the designated parties jointly inherited the O's property.

Therefore, the Defendants, co-inheritors of M, are obliged to implement the registration procedure for ownership transfer on the instant real estate to the Plaintiff and the designated parties, who are co-inheritors of M, due to the cancellation of title trust.

3. The judgment real estate registration is presumed to have been completed based on legitimate grounds for registration from the fact that there exists a grave for the plaintiffs to the real estate of this case. The fact that the defendants currently occupied and used the real estate of this case does not conflict between the parties, but there is insufficient evidence to acknowledge the fact that L has trusted the real estate of this case to M solely on such circumstance or other evidence presented by the plaintiff, and there is no other evidence to reverse the presumption of registration.

Therefore, the plaintiff's claim is without merit for further examination.

4. Conclusion, the Plaintiff’s claim against the Defendants is dismissed on the ground that it is without merit.