(영문) 대구지방법원포항지원 2016.03.25 2015가합576

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(영문) 대구지방법원포항지원 2016.03.25 2015가합576

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. The plaintiffs and the defendant are children of the net F, who died on March 31, 1998 (hereinafter “the deceased”).

On February 15, 1985, the Deceased purchased the instant real estate from G on title trust in the name of the Defendant, and when the Plaintiffs and the Defendant died, the Deceased’s grave was used in the instant real estate, and the deceased’s family’s graveyard was used in the future and managed together as his descendants.

In accordance with the meaning of the Deceased, the deceased installed a tombstone on the instant real estate one year after the purchase date of the instant real estate.

B. After the deceased died, the Plaintiffs tried to install a grave of the deceased on the instant real estate.

However, the Defendant, in disregarding the deceased’s intent at his own discretion, installed a grave of the deceased at the Scenic Cemetery, a foundation located in the 20th, Seodong-gu, Seodong-dong, Seodong-si, Seodong-si, Simdong-si, which had been installed on the real estate of this case, and transferred the deceased’s portraits and tombstones around his tombstones to the above memorial park, and then, at present, asserted that the

C. The Plaintiffs, upon the delivery of the duplicate of the instant complaint, terminate the title trust with respect to each Plaintiff’s shares in each of the instant real estate listed in the separate sheet, to the Defendant.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on the ground of termination of title trust on the date of delivery of a copy of the complaint of this case as to the shares stated in the separate sheet among the real estate of this case

2. According to the evidence Nos. 1-1 to 4, evidence Nos. 2-1 to 3, evidence Nos. 3-1 to 3, evidence Nos. 5, 6, and 7, it is recognized that the plaintiffs and the defendant are the deceased's children who died on March 31, 1998, and that the registration of ownership transfer was made in the name of the defendant on February 15, 1985.

However, the descriptions and images of Gap evidence 4-1 to 3, Gap evidence 12-1 are alone.

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