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(영문) 대구지방법원 2018.05.03 2017나313736
소유권말소등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The registration of transfer of ownership in the Plaintiff’s name was completed on October 14, 1980 on the ground of inheritance on March 5, 1966, on the ground of the sale on January 27, 1983, the registration of transfer of ownership in the name of O was completed on January 31, 1983, and the registration of transfer of ownership in the name of P on the ground of sale on March 28, 1992.

B.O died on February 2, 2010 of the Plaintiff’s aggregate collection punishment, and the co-defendant J, K, L, and M of the first instance trial attached thereto.

1. The O’s property rights and obligations are inherited in proportion to each of the inheritance shares entered therein.

C. The Plaintiff and the Defendant’s mother P died on January 11, 199, and the Plaintiff and the Defendant, the first instance trial co-defendant B, C, D, F, G, H, and I attached hereto.

2. The P inherited P’s property rights and obligations in proportion to their respective inheritance shares.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff: (a) the Plaintiff: (b) theO made a title trust on each of the instant land to P; (c) the Plaintiff terminated the title trust against the O’s heir through the delivery of a duplicate of the instant complaint; and (d) by subrogation of the O’s heir against P’s heir. Therefore, P and P’s heir are obliged to implement the procedures for registration of cancellation of ownership transfer registration completed in the name of O, P with respect to their respective inheritance shares; (b) if each of the instant title trust agreements becomes null and void due to the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Name Act”), the registration of ownership transfer in the name of O, P is null and void; and (c) the Plaintiff seeks cancellation of the registration of ownership transfer in the name of P and P, as a claim for exclusion of interference based on ownership.

B. There is no title trust relationship between the Plaintiff,O,O and P with respect to the instant land alleged by the Defendant.

Even if there is a title trust relationship between the plaintiff and theO.

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