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(영문) 부산지방법원 2016.07.19 2016가단222
소유권말소등기등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion

A. A. Around November 26, 1997, the Plaintiff’s father N donated the Plaintiff a 32097 square meters of O forest in Yong-do, Chungcheongnam-do (hereinafter “instant land”).

(B) The above woodland was divided as the real estate listed in the separate sheet.

The Plaintiff registered the transfer of only 1/4 shares due to the circumstances at the time of the pertinent land donated to Defendant D, B, and C with respect to the remaining 3/4 shares, respectively.

C. On October 10, 2006, Defendant D returned 1/4 shares of the instant land to the Plaintiff in the form of sale on October 10, 2006, the Plaintiff acquired 1/8 shares and Defendant C acquired the remainder of 1/8 shares.

Therefore, since the ownership of the instant land (3/8 shares) under the name of Defendant B and C is based on a title trust agreement between the network N and the Plaintiff, and the aforementioned Defendants, the said Defendants are obligated to register the ownership transfer due to the cancellation of title trust to the Plaintiff, such as the primary purport of the claim.

(State Claim). (e)

Preliminary, the remainder of the Defendants except Defendant B and C shall be transferred to the network N in accordance with their statutory shares of inheritance if the ownership is reverted to the network N. However, this is also based on the fact that Defendant B and C have returned to the network N in form due to the title trust.

As above, the real estate in this case should be transferred to the Plaintiff by N’s donation, and the remaining Defendants acquired the shares of the real estate in this case without any cause. The Defendants, such as the preliminary claim, are obligated to implement the procedure for ownership transfer registration to the Plaintiff on the ground that the title trust is actually terminated.

(Preliminary Claim) 2. The Plaintiff received the entire land of this case from N solely on the evidence submitted by the Plaintiff.

It is insufficient to recognize that the Defendants were in title trust, and there is no other evidence to acknowledge this.

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