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1. The lawsuit of this case is dismissed by the exchange in this court.
2. The total cost of the lawsuit is the Plaintiff’s representative.
Reasons
1. Basic facts
A. The instant land was considered as F on March 15, 1912 in the name of F, and the registration of preservation of ownership was completed in the name of F on January 6, 1925, the Republic of Korea, F, on January 6, 1925, after F’s death.
B. On March 2, 1930, I sold the land of this case to the J, South Korea, and completed the registration of ownership transfer under the above J’s name, and thereafter, on March 4, 1938, I completed the registration of ownership transfer under the name of D, the south of I on March 4, 1938.
C. Meanwhile, in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094), as to the land of this case, the registration of ownership transfer was completed on January 25, 1974, and thereafter on November 11, 1988, with respect to the shares of 165/1,838 out of the land of this case on October 24, 198, the registration of ownership transfer was completed in K on April 29, 195, and again the registration of ownership transfer was completed on March 17, 1995 for the shares of 165/1,838 out of the land of this case on April 29, 195.
After that, on June 2, 2009 following the death of E, the registration of transfer of ownership was completed on December 2, 2008 on the land of this case on the ground of inheritance due to the consultation and division.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7, 8 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff determined the legitimacy of the lawsuit of this case. The plaintiff alleged that the land of this case was the land that the plaintiff was a title trust to the F of the clan and was investigated in its name, and that the above title trust was succeeded to the land of this case by the I, but the plaintiff purchased this land again and sold it to D of the clan, and that the title trust was succeeded to E and the defendant. The plaintiff terminated the above title trust relationship with the defendant. Thus, the defendant is obligated to implement the registration procedure for transfer of ownership based on the termination of the title trust with respect to the land of this case.