1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on May 8, 1995, and his heir had the wife D (Death January 24, 2008) and E, Plaintiff, F (Death on November 21, 201), G, and H, who were children, and the Defendant’s children.

B. The registration of ownership transfer under the name of the Defendant was completed as of March 2, 1998, No. 4621, which was received as of February 29, 1998, with respect to K forest land 1,455 square meters (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion lies in the title trust of the Defendant by the deceased, the father of the Plaintiff, and the Plaintiff, as the inheritor of the deceased C, has an inheritance share of 1/5. Therefore, the Plaintiff, as the inheritor of the deceased C, seeking the termination of the above title trust relationship and seeking the registration of ownership transfer for the Defendant as to one-fifth shares equivalent to the Plaintiff’s inheritance shares in the instant real estate.

3. Determination

A. The real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and the person who asserts that he/she had registered by the trust of another person shall be liable to prove the title trust fact.

(See Supreme Court Decision 2012Da84479 Decided October 29, 2015, etc.). B.

With respect to whether the deceased title trust the real estate of this case to the defendant, there is no dispute between the parties that the defendant did not hold a registration certificate of the right to the real estate of this case or a sales contract. However, in light of the purport of the entire pleadings, the following circumstances, namely, the defendant bears the property tax, etc. on the real estate of this case, and the cemetery created on the real estate of this case is managed by the defendant since 2010, and the plaintiff paid the purchase price of the real estate of this case by the deceased.