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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. The Plaintiff (Appointed Party) and the Appointed Party C agreed to purchase and newly construct a multi-family house on the ground of the Plaintiff (Appointed Party) and agreed to jointly sell a house on the ground of the Plaintiff (Appointed Party) and completed the project on May 2015 after commencing the project on January 2014.
However, while purchasing the above business land, the plaintiffs (appointed parties), the designated parties C, and D intended to transfer the title of ownership to the defendant, who is one of their external villages, according to the title trust agreement.
Attached Form
Each land indicated in the list (hereinafter collectively referred to as “instant land”) shall have ownership in 1/3 shares, respectively, as the remaining land after the execution of the said project.
As the Plaintiff (Appointed Party) terminated the title trust by serving a copy of the instant complaint on the amount equivalent to the shares of the Plaintiff (Appointed Party) and the Appointed C, the Defendant is obligated to implement the registration procedure for ownership transfer on each one-third portion of the instant land to the Plaintiff (Appointed Party) and the Appointed C due to the termination of the title trust.
2. As to the land of this case, there is no evidence to acknowledge that the transfer registration of ownership has been completed in the future between the Plaintiff (Appointed Party) and the Appointed C (hereinafter “Plaintiff, etc.”).
(In full view of the purport of Gap evidence No. 1-1’s statement and the entire argument, the fact that the registration of ownership transfer has been completed on October 21, 2013 can be acknowledged as to the instant land. Whether the title trust agreement between the plaintiff (appointed party) and the defendant appears to be a so-called “contract title trust” or a “third party title trust (Intermediate omitted title trust)” is deemed to be a “third party title trust” or “the Act on the Registration of Real Estate under Actual Titleholder’s Name.”
The trust is based on the title trust agreement made after its enforcement or with a claim for return of unjust enrichment caused by the invalidity of the above agreement.