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1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:
In the lawsuit of this case.
Reasons
1. The reasons for this part of this Court’s reasoning are as follows: (a) it is identical to the corresponding part of the reasoning of the judgment of the first instance except for the addition of “Evidence No. 21” to “the grounds for recognition,” and thus, it is acceptable in accordance with the main sentence of Article 420 of the
2. The plaintiff's assertion
A. Although the disputed part is a site used as a golf course, it was donated to the Defendant due to a mistake or clerical error in a simple indication, even though it is not a site for acceptance, there is an error in the important part of the contract for acceptance of donations.
Accordingly, the Plaintiff revoked the contract of donation with respect to the part in the dispute of this case by serving a duplicate of the complaint of this case, and sought cancellation of each transfer of ownership that has been completed in the future of the Defendant.
B. The Plaintiff registered the title of the instant trust land to Korea Land Trust and H, and the instant trust land and four lots related to H. Even if the title truster did not terminate the title trust agreement, he/she may exercise the right to exercise the right to exercise the procedure to cancel the registration of ownership transfer due to the invalidation of the trustee’s ground in order to preserve the trustee’s claim
C. Therefore, the Defendant is obligated to implement the procedure for registration of cancellation of ownership transfer registration to the Plaintiff for the land on the Plaintiff-related four parcels, to H for the land on the instant trust, and to the Korea Land Trust for the instant trust.
3. Judgment on the creditor subrogation claim
A. As to the portion of the instant trust land, the trust under the Trust Act requires the trustee to manage and dispose of the relevant property right for the purpose of the trust by transferring a specific property right to the trustee or disposing of it, so if the trustee completes the registration of ownership transfer in the future, the ownership is entirely transferred to the trustee, and the ownership is reserved in the internal and external relationship with the truster.