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(영문) 서울중앙지방법원 2017.05.16 2015가단5130291
소유권말소등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

가. 일제강점기에 작성된 토지조사부에는 주소가 ‘경성부 F(京城府 F)’인 G이 경기도 양주군 H 전 904평을 사정받은 것으로, 주소가 ‘경성부 I’인 G이 경기도 광주군 J 답 1,300평, K 답 197평, L 묘지 288평을 각 사정받은 것으로 기재되어 있다.

B. On April 18, 1938, the above G entered into a real estate management trust agreement (hereinafter “the instant trust agreement”) under which the shipbuilding trust company and the beneficiary, who have a domicile in 130 of the 2nds of Seodaemun-gu, Seodaemun-gu, Seoul Metropolitan Government (hereinafter “M”), set the trust period from April 18, 1938 to December 31, 1968, to trust each land specified in the above paragraph (a), and completed the registration of ownership transfer in the future of the shipbuilding trust.

C. The said J land was divided into N field 3,765 square meters and 532 square meters, and H land was divided into P site 826 square meters, Q site 788 square meters, and R road 241 square meters.

Defendant B, C, and D (hereinafter “Defendant B, etc.”) completed each registration of initial ownership as stated in the separate sheet concerning each of the lands listed in the separate sheet (hereinafter “instant lands”) by their successors. Defendant E purchased the land listed in the separate sheet No. 4, and completed the registration of ownership transfer as stated in the preliminary claim.

E. The rights and obligations of the shipbuilding trust were comprehensively succeeded by the Korea Trust Bank, Korea Bank, and Korea Light Bank, respectively.

F. M deceased on May 22, 1957, and the plaintiff inherited his/her own property.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 13, 15 through 19, 38 through 41 (including each number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. Plaintiff 1) The instant land, as an assessment titleholder, was entrusted to the Joseon Trust with the beneficiary who was the owner of the instant land as the network M, and as a result, the deceased M became its owner due to the expiration of the trust period. 2) The instant land is M.

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