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(영문) 서울중앙지방법원 2018.09.11 2017나72616
소유권보존등기말소 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

Reasons

1. The plaintiff's assertion is based on the premise that he himself, as the owner of the area of 370 square meters prior to Sungsung City B (hereinafter "the land in this case"), four persons, such as D, who are the family members of the same clan, registered the title of the land in this case and received an assessment thereof. Thus, the registration of preservation of ownership in the defendant's name, which was completed on June 15, 1998 as to the land in this case, should be cancelled since it is an invalid registration, and the defendant must confirm the plaintiff's ownership in this case'

2. A person under the Forest Survey Order or Land Survey Order for the Japanese Head of the Family Court held that he/she shall acquire ownership in the original, creative, and even if he/she has entrusted the real estate owned by the clan to the clan members, his/her title holder shall acquire ownership. A title truster shall terminate the title trust and file a claim for the registration of transfer of ownership in the position of a truster under the title trust agreement, and even if the clan terminates the title trust agreement, he/she shall not acquire ownership unless the registration of transfer of ownership is completed in the name of the clan.

In light of the above legal principles as to title trust (see, e.g., Supreme Court Decision 94Da9160, 9177, Jun. 9, 1995). In light of the above legal principles as to title trust, even if all of the above allegations by the Plaintiff are true, the Plaintiff is not the owner of the land of this case, and thus the claim for confirmation of ownership or for cancellation of registration based on ownership cannot be established by its assertion itself. Thus, the Plaintiff

3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is groundless.

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