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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 2, 1953, the registration of ownership transfer was completed in the name of the defendant on May 31, 2005 due to the family inheritance on May 31, 2005.
B. In around 2006, the Plaintiff filed a lawsuit against the Defendant for the registration of ownership transfer on the ground of termination of title trust with respect to forest E in Daegu-gun, Daegu where the registration of ownership transfer was completed under the name of the Defendant (Tgu District Court 2006Gahap12323). However, the Plaintiff filed a lawsuit against the Defendant, which was rendered a favorable judgment in the case of Daegu High Court 2007Na6568, the appellate court, on the ground that the registration of ownership transfer was completed.
However, Supreme Court Decision 2008Da27059 Decided the defendant's appeal was reversed and remanded to the appellate court, and the Daegu High Court Decision 2008Na8448 was in progress.
C. Meanwhile, around 2005, the Plaintiff received the Daegu District Court Decision 2005Kadan23434, on the ground of title trust with respect to the land of this case where the registration of ownership transfer was completed under the name of the Defendant, and the Plaintiff was decided to temporarily dispose of the land of this case as the Daegu District Court Decision 2008Kadan4825, on the ground of title trust. Around 2008, the Plaintiff filed a lawsuit against the Defendant claiming for ownership transfer registration on the ground of title trust with respect to the land of this case and the forest of this case as the Daegu District Court 2007Kadan89255, on the ground of the Defendant’s filing of the lawsuit.
On January 19, 2009, the above court shall pay to the Plaintiff a sum of KRW 50 million until March 31, 2009, and when delay occurs, the unpaid amount shall be paid together with damages for delay calculated at the rate of 20% per annum from April 1, 2009 to the date of full payment.
The Plaintiff withdraw the lawsuit of the case, such as the registration of ownership transfer, etc. at Daegu High Court 2008Na8448 (Supreme Court Decision 2008Da27059). The Plaintiff filed a lawsuit, and the Daegu High Court E Forest E 1,079С, and the F Return 1.