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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In the Plaintiff’s assertion, the forest land E, 24,496 square meters (hereinafter “the forest land of this case”) is owned by Defendant B (hereinafter “Defendant B”) and the Defendant clan title trusted the forest land of this case with the respective 1/3 equity ratios in F, G, and H. On August 25, 1981, the transfer registration for the share of G was made on May 1, 1972 with the respective 1/6 equity ratios in I and J on May 1, 1972. On February 7, 2005, the transfer registration for the share of K was made on April 16, 1998 with respect to the share of this case on inheritance by consultation division, and on July 6, 2005, the ownership transfer registration was made on May 9, 1994 with respect to the share of the Plaintiff on May 13, 196, and the forest land of this case/J was made on May 13, 1994.
Meanwhile, as the instant forest was incorporated into a local industrial complex site promoted at Asan City, approximately KRW 1.33 billion of land compensation was paid, and the said land compensation was deposited to the title trustee, who is the owner on the registry.
Accordingly, Defendant clan filed a lawsuit against H for the registration of ownership transfer on the ground of termination of title trust, and 64,708,860 won was paid to the trustee who held title trust at one-third ratio between a clan representative and a trustee, and 32,354,460 won was paid to the trustee who held title trust at one-six ratio, and 64,708,860 won was paid to H.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff, who is the trustee in title trust with the ratio of 1/3,000, the above agreed amount of KRW 64,708,860 and damages for delay.
2. The fact that there was a title trust agreement between the plaintiff and the defendant clan, as alleged by the plaintiff, and the fact that the defendant clan paid 64,708,860 won to H is not a dispute between the parties.
However, as alleged by the Plaintiff, the Defendants should pay a certain amount of money to the title trustee of the forest of this case according to their equity ratio.