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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion: (1) The plaintiff is the difference between the deceased D (the deceased on January 13, 1984, hereinafter "the deceased"), and the defendant is the children of the deceased E.
② On August 1, 1974, the Deceased donated 1/3 of each of the instant land to South-Nam, the Plaintiff, and Samnam F, respectively, and completed the registration of ownership transfer due to this reason. On November 1, 1978, the Deceased may become two houses per household and become two houses with disadvantage, and thus, maintained formal ownership by being entrusted by the Plaintiff.
③ However, on March 29, 1995, the Defendant issued a false guarantee and completed the registration of ownership transfer with respect to 1/3 shares in the deceased’s name (hereinafter “instant registration of ownership transfer”) in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “former Special Measures”).
④ The ownership transfer registration of this case is null and void as the presumption power is reversed. Of the real estate of this case, the ownership transfer registration procedure for the restoration of ownership based on the restoration of real name is sought by the method of restoring the title of the real estate, because the ownership of 1/3 of the real estate of this case was registered in the name of the Plaintiff on August 1, 1974.
As the Plaintiff agreed with the Defendant to donate 1/3 shares in the name of the Deceased among the instant real estate to the Defendant, it is consistent with the substantive relationship to complete the registration of ownership transfer of this case under the former Act on Special Measures, which was in force at the time of convenience. Since the Defendant believed that 1/3 of the said shares was donated pursuant to the above agreement and occupied the instant real estate, the period of prescription for acquisition of
2. 판 단 ▷갑 3, 5∽7호증의 기재에 의하면, 원고는 망인이 작성한 '원고에게 증여한 재산 망인은 생전에 그 재산 중 현금을 딸들에게, 나머지 재산을 E, 원고, F에게 각 증여한 것으로 보인다
(A) As to the share of co-ownership of the real estate of this case.