토지소유권이전등기 절차이행 청구의 소
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 same year on April 11, 1997 with respect to Jeju-si 969 square meters (hereinafter “instant real estate”).
3. 10.The transfer registration of ownership in the name of D was made on the grounds of the successful bid.
B. After that, on June 13, 2001, the registration of ownership transfer was made in the name of the defendant on the ground of sale on June 12, 2001.
[Ground of recognition] The entry of Gap evidence No. 2, Eul evidence No. 1, the purport of the whole pleadings
2. The Plaintiff, along with the Defendant, purchased the instant real estate from D on May 10, 2001, and the Plaintiff paid the purchase price in full. However, there was a title trust agreement stipulating that the Plaintiff will complete the registration of ownership transfer under the Defendant’s name only until the Plaintiff repaid the amount of KRW 20 million borrowed from the Defendant.
After that, the plaintiff paid 10 million won to the defendant on May 14, 2002, and the same year
7. The above title trust agreement is null and void as it violates the Act on the Registration of Real Estate under Actual Titleholder’s Name, and thus, the true owner of the instant real estate between the Plaintiff and the Defendant is the Plaintiff.
Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant real estate to the Plaintiff based on the restoration of real name.
3. In light of the determination, a request for ownership transfer registration for the restoration of the true title is filed under one’s own name, or a genuine owner who acquired ownership under other Acts seeks the restoration of the true title based on ownership instead of seeking the cancellation of the registration against the present registered titleholder. As such, a person who did not have the ownership registration in his own future and did not acquire the ownership under other Acts may not file a request for ownership transfer registration for the restoration of the true title.
(See Supreme Court Decision 2002Da64148 delivered on May 13, 2003, etc.).