1. The defendant is based on the termination of title trust with respect to one-third share out of 2,423 square meters in the same year to the plaintiff at the same time.

1. Facts of recognition;

A. The Plaintiff is a clan that consists of descendants of the first group grouped of nine groups E based on D and the Defendant, etc.

B. On December 29, 1964, F and G completed the registration of ownership transfer for F, etc. on the portion of F, etc. on December 15, 1951 with respect to the portion of 733/1,433 square meters out of C, 4,737 square meters (hereinafter “land prior to subdivision”) in the Dong-si, Dong-si, the Seoul Special Metropolitan City, and the Defendant, H, and D completed the registration of ownership transfer for the portion of F, etc. on March 5, 1971.

C. Around April 25, 2007, the land before subdivision was divided into three square meters in C, C, 2,423 square meters (hereinafter “instant land”) and I,314 square meters in I, as to the share of J among the instant land. As a result, the registration of share transfer was completed in the future including the Defendant, etc., one-third of each share was completed in the Defendant, H, and D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff clan purchased 733/1,433 shares out of the land before the division and title trust was made in the manner of completing the registration of ownership transfer in the Defendant, H and D around 1981 after the F et al. died.

Since then, the land before the division was divided into the land of this case and I land in the East Sea, and the registration of the transfer of 1/3 shares was completed in the future including the defendant, who is the title trustee, and thus, the plaintiff clan was owned by the sole owner.

On the other hand, since the plaintiff clan terminated the title trust between the defendant and the defendant by delivering a copy of the complaint of this case, the defendant is obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust with respect to 1/3 of the land of this case.

B. Defendant 1) The 1/3 shares out of the instant land were purchased by G, the Defendant’s fleet, and the Defendant was transferred the shares of G, and it is not a title trust from the Plaintiff’s clan. 2) Even if the instant land was owned by the Plaintiff’s clan, it is also deemed that the instant land was a title trust.