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(영문) 대구지방법원 2016.02.02 2015가단13857
소유권이전등기말소등
Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The following registration of ownership transfer is completed in order with respect to the area of 1,322 square meters in Yongcheon-si D and the area of 1,312 square meters in Yongcheon-si (hereinafter “each of the instant lands”).

① June 27, 1953 ② G on July 13, 1962 ③ Defendant C on February 19, 1975 (the ground for the sale on February 6, 1975) ④ Defendant B (the ground for the donation on April 2, 2014) on April 4, 2014

B. Meanwhile, the Plaintiff occupies trees in planting and growing them on the land of this case on the (A) section 295 square meters and (b) section 160 square meters (hereinafter “instant land”).

[Ground of recognition] The fact that there is no dispute, Gap evidence 4, 5-1, 2, Eul evidence 1, 2, 3, 4, and 6, and the purport of the whole pleadings

2. Determination on the assertion on title trust

A. On February 6, 1975, the Plaintiff asserted that he purchased each of the instant lands from Defendant C jointly with Defendant C, but completed the registration of ownership transfer in the future of Defendant C with regard to the entire land of this case, under title trust with Defendant C.

The Plaintiff requested Defendant C to register the ownership transfer of the instant land occupied by Defendant C, but Defendant C conspired with Defendant B to complete the registration of ownership transfer on each of the instant land.

Therefore, as to the land occupied in this case, Defendant B performed the procedure for cancelling the ownership transfer registration to Defendant C, and Defendant C is obligated to perform the registration of ownership transfer to the Plaintiff.

B. As to the assertion that the Plaintiff purchased each of the instant lands jointly with Defendant C and owned the instant land in title trust with Defendant C, the above assertion is not accepted, since there is no evidence to acknowledge the Plaintiff’s above assertion.

3. Determination on the assertion of prescriptive acquisition

A. The Plaintiff’s assertion H (the Plaintiff’s trial money) received donation from F of the instant land among each of the instant land in around 1960, and occupied and used the instant land as dry field.

F The land of this case occupied by the F is the land of this case.

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