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1. The defendant is based on the restoration of the true name with respect to the Plaintiff’s 3,306 square meters in Seosan-si.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, 16, witness D, and E.
F and G were married on January 13, 1938, and there are children of the plaintiff (mama), H, E (ma), D (ma), and the defendant (ma).
B. The registration of ownership transfer was completed on September 21, 1963 for the Plaintiff as the Daejeon District Court Branched No. 12263 on September 25, 1963 with respect to the land of this case (hereinafter “instant land”).
C. As to the instant land, the Daejeon District Court: (a) received No. 7623, Mar. 30, 2004, and completed the registration of transfer of ownership on the ground of sale on March 26, 2004 (hereinafter “the registration of transfer of ownership”).
2. The parties' assertion
A. The Plaintiff’s assertion made a title trust with respect to the instant land to the Defendant, and the said title trust agreement is null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the ownership transfer registration of this case also null and void. Therefore, the Defendant is obliged to implement the procedure for ownership transfer registration for the instant land that was unjust enrichment to the Plaintiff.
B. The Defendant’s assertion that the instant land was purchased by the father F and completed the registration of ownership transfer in the Plaintiff’s future. The Defendant’s donation of the instant land from the Plaintiff on the ground that the Plaintiff was able to report the grave of his parents after his parents died, and that the Plaintiff did not receive title trust.
3. Determination: Evidence Nos. 1, 2, 2, 4-1, 2, 7, 9, and 1, 2, 15-1, 2, 18-1, 2, 19-1, 2, 2, 20-1, 2, and 22-1, 23-1, 2, 24-1, 2, 24-2, 25-1, 2, 26-1, 2, 2, 27-1, 2, 29-2, 1, 29-1, 29-1, 2, 30-1, 2, 30-2, 31-1, 31, 30-2, 30-1, 30-2, 31.