소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 12, 1994, the Plaintiff completed the registration of ownership transfer with respect to the apartment of this case on August 12, 1994 and completed the registration of ownership transfer with respect to the Defendant on August 27, 2010 (hereinafter “the registration of transfer of this case”). There is no dispute between the parties.
The plaintiff asserts that the defendant entered into a title trust agreement with the defendant on the apartment of this case and completed the registration of this case. Since the registration of this case under the invalid title trust agreement is null and void, the defendant is obligated to implement the procedure for the cancellation of the registration of this case.
Where the registration of ownership transfer is completed with respect to real estate, not only the third party but also the former owner is presumed to have acquired the ownership by legitimate grounds for registration. Thus, the disputing party must prove and prove the grounds for invalidation.
(see, e.g., Supreme Court Decisions 94Da10160, Sept. 13, 1994; 2010Da75648, Nov. 10, 201). As seen earlier, since the Plaintiff completed the instant transfer registration on August 27, 2010, it is presumed that the Plaintiff sold the instant real estate to the Defendant.
Therefore, as alleged by the Plaintiff, it is insufficient to recognize the registration of transfer of this case caused by the sale pursuant to the title trust agreement concluded with the Defendant as alleged by the Plaintiff, only the evidence Nos. 1, 2, and 3 of the evidence No. 2-1, 2, and 3, and no other evidence exists
Therefore, the Plaintiff’s assertion on title trust is rejected.
2. The plaintiff's claim of this case is dismissed on the ground that it is without merit.