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(영문) 대구지방법원안동지원 2019.01.25 2017가단21879
소유권말소등기
Text

1. Of the instant lawsuits, the transfer of ownership, which was completed on June 5, 1942 by the Daegu District Court, was completed as the receipt of No. 2563.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the entries in Gap evidence 1, 2, and 3, as well as the overall purport of the arguments as a result of the expert appraisal conducted by the appraiser C:

D The registration of transfer of ownership (hereinafter referred to as the “instant trust registration”) was completed in the F Co., Ltd. (hereinafter referred to as the “F”) on the ground of the trust act on June 5, 1942, 2563, which was received on June 5, 1942 from the Daegu District Court of Seoul-dong, Dong-si, Seoul Special Metropolitan City (hereinafter referred to as the “F”) with respect to the 781st eth 781.

The above land was replaced with B,532 square meters in Ansan-si (hereinafter “instant land”).

B. As to the land of this case, the registration of ownership transfer was completed on the ground of reversion of rights (hereinafter “registration of ownership of this case”) by the Daegu District Court No. 37051, Dec. 19, 1995, received on September 11, 1948, as to the land of this case from the Defendant, Daegu District Court, Daegu-dong Branch of the District Court.

2. The assertion and judgment

A. The plaintiff's assertion is the previous owner of the land of this case and the deceased's heir D who is a trust.

The Network D completed the instant registration of the instant trust on May 15, 1942 on the instant land in order to secure the above-mortgage obligation by making the F as a collateral holder of the instant land the registration of the establishment of a mortgage was completed with F on the ground of the trust act on May 15, 1942. After that, the Network D’s registration of the establishment of a mortgage was revoked by fully discharging the above-mortgage obligation.

Therefore, since the trust contract of this case was concluded upon the extinction of the right to collateral security, which is the purpose of trust, the defendant who succeeded to the name of the trustee and the status of the trustee, is obligated to cancel the registration of the trust of this case and the right reversion registration of this case as the heir of the truster

B. We examine the judgment on the claim for cancellation of the instant trust registration. According to the above facts, the trustee of the instant trust registration is F, and the Defendant has completed the registration of transfer of ownership based on the reversion of rights.

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