토지소유권이전등기
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 13, 2000, the land owned by Sung-gun, Sung-gun, Sung-do (hereinafter “the land before subdivision”) was divided into the real estate listed in the separate sheet (hereinafter “instant land”) on July 13, 200, and without distinction from the land before subdivision.
B. On May 24, 200, between D and the Defendant, a sales contract was prepared between D and the seller as the Defendant with respect to the instant land (hereinafter “instant sales contract”). On December 7, 2002, the registration of transfer of ownership was completed on the instant land under the name of the Defendant for sale.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 4, and 5, and the purport of the whole pleadings
2. The Plaintiff asserted as follows: (a) purchased the instant land owned D through the introduction of E in KRW 53,125,000; and (b) purchased the land in the name of the Defendant under the sales contract; and (c) agreed with the Defendant to newly construct each recycling factory under divided ownership based on the amount of each purchase price paid.
On May 24, 2000, the Plaintiff borne the down payment of KRW 30 million under the instant sales contract, but was unable to obtain the approval of a recycling factory against neighboring residents. After which, only the expenses incurred in purchasing the instant land between the Plaintiff and the Defendant, each co-ownership share was converted into actual ownership according to each input cost.
As can be seen, the actual purchaser is the Plaintiff, but only the purchaser under the sales contract is the Defendant, and the registration of ownership transfer is completed with respect to the instant land divided under the name of the Defendant. As such, 30,000/53,125 shares on the instant land should be deemed as real estate trusted in trust to the Defendant by the Plaintiff.
However, according to the Act on the Registration of Real Estate under Actual Titleholder's Name, the plaintiff and the defendant.