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(영문) 대구지방법원 2016.05.12 2015나6140
소유권이전등기
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The plaintiff is a clan that is jointly created F, who is 21 years of age of DC E, and the defendant is a member of the net G, who was the plaintiff's clan.

B. The registration of ownership transfer was completed on May 16, 1974 in the name of Dong G on March 21, 1965 with respect to the land of 1,993 square meters in Gyeong-gun, Chungcheongnam-do (hereinafter “instant land”). Even after the deceased on February 26, 1992 by Dong G on February 26, 1992, the said registration remains in the name of Dong G on November 15, 2005 on the ground of inheritance by agreement and division as of February 26, 1992.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 7, 9 through 13, 15 through 26, 28 (which include the number of each branch; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff, the primary cause of the claim, as the Plaintiff lent rice to the network G and was not repaid the rice, purchased the instant land from the network G in around 1988, and agreed to appropriate the net G’s debt as part of the purchase price, and pay the balance between the remainder of the debt and the value of the instant land as the settlement amount. After that, around 191, the Plaintiff, while paying the last settlement amount to the network G, held the title trust of the instant land to the network G in a manner that the Plaintiff left the registration in its name.

Meanwhile, the Plaintiff terminated the above title trust agreement with the service of the duplicate of the complaint of this case. Thus, the Defendant, who succeeded to the land of this case from the deceased G, is obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust.

B. In the case of dispute over the title trust of a certain land between the registered titleholders, such as the first relevant legal clans and the clans, the existence of a clan with an organic organization to a certain extent at the time the registration of the land was completed in the name of the registered titleholders is proved, and further the land is owned by the clans.

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