(영문) 대구지방법원 2016.09.02 2016가단102853

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(영문) 대구지방법원 2016.09.02 2016가단102853

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1. The plaintiff's main claim is dismissed.

2. The Defendant shares 20/234 out of 85.6 square meters in Daegu Jung-gu, the Plaintiff.

Reasons

1. Basic facts

A. With respect to the Daegu Jung-gu Seoul Metropolitan Government 85.6 square meters (hereinafter “instant land”), the Plaintiff shares 194312/212472 shares, and the Defendant shares 20/234 shares.

B. On September 19, 1988, the Plaintiff completed registration of preservation of ownership with respect to a single-story housing and warehouse on the ground of the instant land, and possessed the said housing, warehouse, and the instant land until now.

[Grounds for recognition] The items of evidence Nos. 1, 4, and 6 and the purport of the whole pleadings

2. The assertion and judgment

A. On August 26, 1972, the Plaintiff purchased the instant land from D, and D, along with the Defendant, had a mutual title trust relationship with regard to the instant land, and terminated the title trust on August 26, 1972, the Defendant asserts that D, a successor, has a duty to complete the registration procedure for the transfer of ownership based on the termination of the said title trust with respect to the Defendant’s share among the instant land.

The statements of evidence Nos. 2, 3, and 5 are insufficient to prove the above trade name title trust and termination, and there is no other evidence to prove otherwise, the plaintiff's above part's assertion is without merit.

B. According to the facts of the conjunctive claim, the Plaintiff occupied the instant land from September 19, 198, when the registration of ownership preservation with respect to the housing and warehouse on the instant land was completed, from September 19, 198, and the possession of the Plaintiff’s share in the instant land is presumed to be possession independently, and twenty years have passed since the registration date of ownership preservation was completed on September 19, 2008, and the Defendant is obligated to complete the registration procedure for ownership transfer for the Defendant’s share in the instant land on September 19, 2008 with respect to the Defendant’s share in 20/234.

3. According to the conclusion, the plaintiff's primary claim is dismissed as without merit, and the conjunctive claim is accepted as reasonable.

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