소유권이전등기
1. The plaintiff's lawsuit against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 3, 2001, concerning H 1,623 square meters (hereinafter “instant real estate”) in Cheongbuk-gun, Cheongbuk-do, Cheongbuk-do (hereinafter “Seoul-do”), the registration of ownership transfer has been completed on April 3, 200 with respect to one-half of the co-owners’ shares in the name of I and Defendant G.
B. On October 27, 2012, the above I died, and Defendant 5 succeeded to the deceased’s property as follows.
[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including virtual numbers), Category CD EF for the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the instant real estate was owned by JJ (hereinafter “J clan”), and that the instant real estate was owned by I and Defendant G for title trust.
J on July 12, 2017, the clan sold to the Plaintiff the real estate in this case and the 1,074 square meters of the Cheongbuk-do, Cheongbuk-do to KRW 129,60,000.
As the instant real estate was registered under the name of the Defendants, a title trustee, and the registration of ownership transfer was not completed in the future of the Plaintiff.
J A clans may terminate the title trust to the Defendants pursuant to the Real Estate Real Name Act and seek the registration of title transfer.
Since the above clans are not exercised, the plaintiff can exercise the right to claim the transfer registration in subrogation of the above clans.
In addition, when a title trustee dies, the title trust relationship is succeeded to between his/her property heir and the heir succeeds to the status of the title trustee at the time of commencing the inheritance. As such, the Plaintiff, who purchased the instant real estate, claims against the Defendants for the implementation of the procedures for the registration of ownership transfer concerning the instant real estate in subrogation of the J clan. For this purpose, the Plaintiff, who received the instant real estate, shall exercise in subrogation the Defendants’ intent
Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust as of the date of service of the copy of the instant complaint to the Plaintiff.
B. The instant case.