명의신탁해지를 원인으로한 소유권이전등기
1. Of the instant lawsuit, 1/4 shares of forest land D 24,000 square meters in Namyang-si, Namyang-si, each of the inheritance shares listed in the attached Table.
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Applicable provisions;
A. Judgment on Defendant B by public notice (Article 208(3)3 of the Civil Procedure Act)
B. Judgment on deemed confession against Defendant C (Article 208(3)2 of the Civil Procedure Act)
3. As to the part dismissed among the instant lawsuit, whether the part seeking the implementation of each procedure for the transfer registration of ownership due to inheritance as of December 4, 1998, among the inheritance shares listed in the separate sheet as to 1/4 of the 24,000 square meters of forest land in Namyang-si, Namyang-si, Namyang-si.
If a title trustee dies, the title trust relationship remains between his/her property heir (see, e.g., Supreme Court Decision 94Da35985, May 31, 1996). If a trustee dies and a trustee is ordered to terminate the title trust and to implement the procedure for the registration of ownership transfer based on such termination for the trustee who is alive and deceased’s heir after the death of one of the title trustee, the title trustee may file an application for registration of ownership transfer by a judgment following the completion of inheritance registration in the future of the heir by subrogation of the truster.
Therefore, even in this case where the registration for the preservation of co-ownership in the name of deceased E, a title trustee, has been completed, the plaintiff filed an application for the registration of inheritance by subrogation of the Defendants, the heir of deceased E, who was the title trustee, for the registration of inheritance, and then the procedures for the registration of ownership transfer have been performed by the Defendants. If the registration officer makes a decision to dismiss the application for registration of inheritance under the Registration of Real Estate Act, he/she shall raise an objection to the court against the decision to dismiss the registration officer, and thus, the above claim part in the lawsuit
Therefore, among the lawsuits in this case, the part of the lawsuit in this case seeking the implementation of each procedure for ownership transfer registration due to inheritance is dismissed, and it is so decided as per Disposition.