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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. Basic facts
A. E (MM, death on May 21, 2004, hereinafter “the deceased”) purchased 196 square meters (hereinafter “F land”) prior to the Gyeonggi-do Gyeonggi-gun on December 10, 1932, and completed the registration of ownership transfer on December 14, 1932.
On April 5, 1937, the Deceased entered into a real estate management trust agreement (hereinafter “instant trust agreement”) with respect to F land between the Shipbuilding Trust Co., Ltd. (hereinafter “Ship”) and the Deceased; the trust beneficiary is the Deceased; the trust period is from April 5, 1937 to April 4, 1967; and when the trust is terminated due to the expiration of the period, the trust property is transferred to the beneficiary.
Accordingly, on October 14, 1937 with respect to F land, the registration of transfer of ownership and the registration of trust was completed on April 5, 1937 for the shipbuilding trust.
B. F land was partitioned into 131 square meters in the mid-1950s and 65 square meters in sequence (hereinafter “G land” and “H land”).
C. On November 13, 1964 with respect to G land, a trust registration was cancelled due to the cancellation of the registration of the trust on the ground of the invalidation on April 25, 1950, and on the same day, based on Article 2 of the Act on Special Measures for the Registration of Distribution Farmland Ownership Transfer (hereinafter “the completion of redemption on November 9, 1960”).
Since then, G land was transferred to the Industrial Base Development Corporation on December 29, 1978, but it was replaced by the land substitution in accordance with the Industrial Base Development Project on May 19, 1986 with JJ large 260 square meters.
After all, the ownership of the above land was transferred to Korea Land Development Corporation, etc.
E. The Deceased was married on April 27, 1950 with the Appointed D, but divorced on November 30, 1966.
On October 2, 1973, the Deceased had P, Q, and R between the designated parties A, B, and the Plaintiff and N, and had P, Q, and R between theO reported marriage on October 2, 1973.
The shipbuilding Trust was changed to the Joseon Trust Bank, and it was merged into the Korea Reconstruction Bank in around 1954.