Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Pyeongtaek-si’s forests and 75 dan610 (hereinafter “instant land before the instant partition”) owned by the Plaintiff and Nonparty W, etc.
B. The land before the instant partition was divided into X-X or U-U forest (hereinafter “each land after the instant partition”).
C. On August 25, 1998, Defendant R completed the registration of ownership transfer based on the cancellation of a mutual title trust with respect to Y forest and 2616 square meters among each land after the division of this case through the registration of ownership transfer (No. 98da7587, the Suwon District Court (hereinafter “this Court”).
In this case, the Plaintiff was sentenced to the judgment that U 8095 square meters (hereinafter “instant land”) and Z, AA, AB, and AC of each of the instant land after the instant partition constituted real estate owned by the Plaintiff, and the said judgment became final and conclusive around that time.
(hereinafter “the final judgment of this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 7, and the purport of the whole pleadings.
2. The allegations by the parties and the judgment thereof
A. Of the land before the Plaintiff’s assertion, the part of the instant land constitutes the Plaintiff’s sectional ownership under the mutual title trust agreement.
B. The instant land by Defendant N, K, L, M, andO is not the Plaintiff’s land, but the place where there is a tombate for the aforementioned Defendants’ parents, and is the land owned by the said Defendants.
C. There is no mutual title trust agreement between Defendant Q and R on the instant land itself.
After Defendant J and H Plaintiff completed the registration procedure for cancellation of the registration of the establishment of a mortgage on the land AD and AE as the debtor, the said Defendants are obligated to implement the registration procedure for ownership transfer of the land of this case.
3. In other words, the Plaintiff’s exclusive control over the instant land based on the determination of the cause of the claim.