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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The plaintiff is a clan that consists of the descendants of 29th "D" among the descendants of 26th "C".
On February 24, 2004, the Plaintiff entered into a title trust agreement with E, et al., the Plaintiff’s closing source (hereinafter “the instant closing source”), and acquired shares of 7,943/9,923 square meters in the name of the said heading source, in the name of the said heading source, from among the 9,923 square meters in F forest in the name of the said heading source, G forest, 1,973 square meters in the name of the said heading source, and 1,977 square meters in the H forest (hereinafter “each of the instant land”).
(A) The instant title trust was divided into 7,943 square meters of forest land and 1980 square meters of Jin-si on February 24, 2004 among the instant land into the title trust (hereinafter “instant title trust”). On the same day, the entire ownership of equity shares of 7,943 square meters of Fin-si and 7,943 square meters of forest was transferred in the name of the instant origin. The said Fin-si and 7,943 square meters of forest were divided into 98 square meters of forest land and L 7,026 square meters of forest land on November 3, 2004 (hereinafter “instant graveyard”).
(A) On April 6, 2017, the Plaintiff completed the registration of transfer of ownership in the Plaintiff’s name, based on the cancellation of title trust agreement, on four parcels of land of the instant cemetery, 7,026m2, G forest, 1,973m2, H forest, and 1,977m2, which were title trusted to the instant clan members on April 6, 2017.
(A) The Defendant, on June 20, 2017, notified the Plaintiff of the prior notice of disposition on the ground that he/she violated Article 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) and submitted his/her opinion on the prior notice of disposition by July 12, 2017 (Evidence 2). On July 31, 2017, the Defendant made the instant title trust to the Plaintiff for the purpose of evading the legal limitation on land transaction permission.