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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. On June 27, 1931, the Plaintiff, as a natural father, acquired the ownership of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) that was owned by the State around June 27, 1931, and held title trust to C and 16 others, but again held title trust on October 17, 1970 to the deceased and four persons who are the father of the Defendant, and completed the registration of ownership preservation in accordance with the Act on Special Measures for the Registration, etc. of Forest Ownership on the same day.
B) As such, the Plaintiff: (a) held title trust with D, among each of the instant real estate; (b) in the case of bilateral registered title trust, both the title trust agreement and the registration based thereon are null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name; and (c) accordingly, the Plaintiff may seek against the Defendant, a title trustee, the cancellation of the ownership transfer registration, which is the invalidation of the cause, based on ownership; or (b) the implementation of the ownership transfer registration procedure, which is based on the restoration of the real name, is possible. Each of the instant real estate was already accepted in the Ministry of Patriots and Veterans Affairs before the instant lawsuit was filed, and thus it is impossible to implement the registration of cancellation, as well as the registration of transfer, the Plaintiff may exercise the right to claim against the Defendant; and accordingly, the Defendant is obligated to pay
2) First of all, we examine whether the Plaintiff is the owner of each of the instant real estate and examine whether the Plaintiff is the owner of each of the instant real estate, and the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate
Before the enforcement of the title trust agreement, if the title trustee acquired the ownership of real estate in accordance with the title trust agreement, the title trustee will acquire the full ownership of the relevant real estate after the grace period under Article 11 of the said Act has expired after the enforcement of the said Act.