소유권이전등기(명의신탁해지)
The plaintiff's primary claim and the conjunctive claim are all dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On March 12, 2004, No. 25074, Jan. 8, 2004, the registration of transfer of E’s ownership was completed on the ground of the public sale on the ground of the Suwon District Court’s Sung-si Branch registry office (No. 25074, Mar. 12, 2004, with respect to 1/2 shares (hereinafter “instant shares”) out of 711 square meters (hereinafter “instant land”).
On the other hand, the successful bid price at the time of the above public auction on the E’s share in this case is KRW 53,510,000.
B. On May 22, 2004, the Plaintiff acquired the instant shares by investing 50% of the expenses between the Plaintiff and E by investing 50% in the expenses. However, the registration title shall be the name of E, and in the event of disposing of the instant shares in the future, 50% of the disposal price, etc. (hereinafter “instant agreement”).
C. However, on December 14, 2011, E died, and the Defendants inherited the instant shares and completed the registration of ownership transfer with respect to each of the instant land out of the instant land due to inheritance due to consultation and division on March 7, 2012.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 5, the purport of the whole pleading
2. Determination:
A. In addition to the content of the instant agreement, where a permit for sale was made pursuant to an agreement with another person to purchase real estate in the real estate auction procedure by obtaining a decision of permission for sale in the name of the other person, the person holding the position of purchaser in the auction procedure is the title holder. Thus, the ownership of the real estate for auction purpose is limited to the person holding the title holder regardless of who actually bears the purchase price. In such a case, a title trust relationship is established between the person bearing the purchase price and the person lending the name.
(See Supreme Court Decision 2008Da62687 Decided November 27, 2008, etc.) In light of the legal principles, it is reasonable to deem that the instant agreement was a title trust agreement between the Plaintiff and the deceased E with respect to the shares of this case.
(b) Matters concerning the registration of the real estate title holder;