소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Case summary [The grounds for recognition of facts: entry of evidence A, the purport of the whole pleadings] of the case: The occurrence of preserved claims shall be as specified in the attached Forms 1 through 3;
The disposal of the instant real estate: (1) On October 23, 1996, B completed the provisional registration of the right to claim ownership transfer on the ground of the trade reservation made on October 23, 1996 with respect to the instant real estate owned by it, and completed the principal registration on March 17, 1997.
② C completed the registration of ownership transfer on the ground of a sales contract on February 6, 2006 to the Defendant.
Plaintiff
The summary of the claim: The registration of transfer of ownership in this case is null and void by title trust, or each of the instant sales contracts (or reservations) is null and void since B conspired with C and the Defendant for the purpose of evading obligations and entered into a false contract with C and thus, B is subrogated to the Defendant, thereby seeking implementation of the registration procedure for transfer of ownership based on the recovery of authentic names.
2. A claim for the registration of transfer of ownership to recover the true name in the market shall be allowed in lieu of seeking the cancellation of the registration against the current registered titleholder in the manner that the person who has already registered his/her ownership in the future or who has acquired ownership under Acts and subordinate statutes restores the true name of the registration;
There is controversy about whether to recognize the ownership transfer registration claim for the restoration of real name and the scope thereof.
It is desirable to reflect the process, attitude, and transfer of real rights as well as the current legal relationship.
The Supreme Court Decision 2002Da64148 Decided May 13, 2003 also states that the content of the Supreme Court Decision 2002Da64148 Decided May 13, 200 is to limit the scope of recognition of the claim
Although it is not determined that the owner is not able to file a request for cancellation registration with respect to the registration of invalidation of the cause, or if it is extremely difficult, it shall be permitted, but whether the owner is the true owner or not.