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1. Of the judgment of the court of first instance, the Plaintiff on the claim for the performance of the procedure for registration of cancellation against the real estate listed in the annex No. 3.
Reasons
1. The reasoning of the court's explanation concerning this case is as follows: Gap evidence Nos. 11 and 12, and the result of the plaintiff's personal examination, which are insufficient to recognize the plaintiff's claim for title trust, shall be additionally rejected, and the reasons citing the judgment of the court of first instance shall be stated as follows; the "payment in arrears" of No. 6, the third and third of the judgment of the court of first instance shall be accepted as "donation in donation"; and the "decision on this case's share" of Article 2 (c) of the judgment of the court of first instance shall be cited as the part of the judgment of the court of first instance, except for the following:
The main issue of this case is "whether or not the title trust fact is recognized", and the burden of proof is the person who asserts the title trust based on the presumption of registration.
However, in light of the following: (a) the evidence submitted by the Plaintiff (registration matters, fact-finding confirmation, letter, certificate, satisfaction report, and the Plaintiff’s statement) alone, in light of the possession of the registration certificate of each real estate of this case and the payment status of property tax; and (b) the progress of the previous trial on each real estate of this case, the fact of title trust, as claimed by the Plaintiff,
2. The plaintiff's assertion (1) purchased shares of this case owned by C and paid the price in full at the time of purchase of the shares of this case amounting to KRW 13 million. At the time of request for registration of ownership transfer only to C to the defendant, and completed the registration of ownership transfer on December 2, 1980.
Therefore, this constitutes a three-party title trust, and the plaintiff seeks cancellation of the above ownership transfer registration to the defendant by subrogation of the seller C, with the right to claim ownership transfer registration based on the sales contract for the seller C as the preserved right.
(2) According to the evidence Nos. 4-1 and 5 of the judgment of the court below, as to the instant shares owned by the defendant, the purchase and sale reservation was made on August 13, 1998.