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(영문) 대구지방법원 2016.09.30 2015가단40361
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants are co-inheritors with LA’s children died on July 5, 2003.

B. Of the N on 706 EW, N completed each co-ownership registration on 150 square meters, N purchased on March 2, 1961, and O’s share purchased on August 27, 1971 through P.

C. On April 16, 1974, 706 M&M was replaced by 131 square meters in K (hereinafter “instant land”) and Q. Q. 1,937 square meters. Each of the co-ownership shares of 556/706 and 150/70 of the Plaintiff was registered on the instant land.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff asserted and determined that the deceased and the plaintiff are in a mutual title trust relationship with respect to the land of this case and Q Q 1,937 square meters. The plaintiff cancelled the trust registration of the plaintiff with respect to the above Q Q Q land. Since the plaintiff terminated the mutual title trust with the delivery of a duplicate of the complaint of this case, the defendants, co-inheritors of the deceased, are obligated to cancel the trust registration of the deceased on the land of this case.

It is insufficient to acknowledge that the Plaintiff and the Deceased had a mutual title trust relationship with the instant land and Q Q land, solely on the basis of the foregoing basic facts, as well as the written evidence Nos. 3 and 6, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion premised on the mutual title trust relationship is without merit.

3. According to the conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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