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(영문) 청주지방법원 2014.09.19 2012가단15619

소유권이전등기

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 7, 1966, on the real estate listed in the separate sheet (hereinafter “instant real estate”), a registration of preservation of ownership has been made in the future AC on December 7, 1966, and on October 5, 1966, the ownership transfer registration was filed for each one-eight shares in the Plaintiff, Defendant F, M, N and AD, AE, AF, and AG on the grounds of sale on October 5, 1966.

B. The above AC is its father.

AC died on March 5, 1974.

C. The above AD, AE, AF, and AG died.

All the remaining Defendants except Defendant F, M, and N are successors of network AD, AE, AF, and AG.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, 7, Gap evidence Nos. 12 through 20 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment as to the main claim

A. 1) The summary of the Plaintiff’s assertion 1) The deceased, the father of the Plaintiff, title trust with the Plaintiff, Defendant F, M, N, and AD, AE, AF, and AG on the instant real estate. 2) The title trust agreement and the change in real rights with respect to the instant real estate were null and void pursuant to Articles 4, 11, and 12 of the Act on the Registration of Real Estate under Actual Titleholder’s Name.

3) The deceased AC’s successors, including the Plaintiff, agreed to divide the instant real estate into inherited property solely owned by the Plaintiff. Accordingly, the Plaintiff is in the genuine owner of the instant real estate. 4) The Defendants are not entitled to the instant real estate, and the shares of the Defendants registered on the registry should be cancelled.

5 In addition to seeking cancellation of the registration against the Defendants, the Plaintiff seeks implementation of the registration procedure for ownership transfer based on the restoration of the true name of registration.

Therefore, the Defendants, the inheritors of Defendant F, M, N, and Network AD, AE, AF, and AG, are obligated to implement the registration procedure for ownership transfer based on the restoration of real name with respect to each of the primary claims of the instant real estate.

B. Determination as to title trust No. 5, 8, and 10 respectively is based on the evidence No. 5, 8, and 10.