진정명의회복을위한소유권이전등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
[Claim]
1. The reason why the court's explanation on this part of the basic facts is the same as that of the judgment of the court of first instance, and therefore, they accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion
A. D et al., around 1934, entrusted the land before the instant partition to the Defendant us bank, and the said trust contract remains valid until now. As such, registration of ownership transfer in the name of I as to the real estate before the instant partition and registration of ownership transfer, which is completed in succession with respect to each real estate listed in attached Tables 1, 3, and 6, is registration of invalidation of cause.
B. The Plaintiff, a co-inheritors of D, is an act of preserving jointly-owned property, and the trust contract between D and three others and the Defendant bank is terminated by the delivery of a copy of the complaint of this case. The Defendant B, the Republic of Korea, and the Defendant B, the Republic of Korea, who acquired the ownership of each of the real estate in the separate sheet Nos. 1, 3, and 6, are obligated to perform the procedure for the registration of ownership transfer due to the restoration of the authentic name to the Defendant bank. As to the real estate stated in the separate sheet Nos. 1, 3, and 5, the Defendant bank is obligated to perform the procedure for the registration of ownership transfer due to the termination of trust as to the Plaintiff’s shares
C. The real estate listed in Attachment 1 List No. 2 is unregistered, and each co-owner’s ownership is sought as indicated in the attachment No. 2 List of Inheritance Shares, including the Plaintiff.
3. Determination
A. (1) In the trust of real estate as to the acquisition of ownership by Defendant B or Korea, if the registration of ownership transfer is made in the name of the trustee upon entrustment by the truster, the ownership is entirely transferred to the trustee. (See, e.g., Supreme Court Decision 91Da12608, Aug. 13, 1991).