소유권이전등기
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 21, 1970, a network K (hereinafter “the deceased”) and L completed registration of preservation of ownership as to each 1/2 portion of the 1/2 portion of the 25th unit M of the forest land in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the forest before division”).
After that, around December 31, 1976, the instant forest was divided into 218,876 square meters of the forest land in Gyeongnam-gun, Chungcheongnam-do (hereinafter “M forest”) and 34,215 square meters of J forest land (hereinafter “instant forest”).
B. On March 4, 1977, the Deceased completed the registration of transfer of shares on February 3, 1977 with respect to L 1/2 shares in the instant forest, and the Plaintiff completed the registration of transfer of shares on June 14, 1995 with respect to M forest land on December 30, 1985.
C. The Deceased died on August 31, 1989.
The Defendants are co-inheritors of the deceased.
[Ground of recognition] Facts without dispute; Gap evidence Nos. 1 through 18, 42, Eul evidence Nos. 1, 3 through 6, and 8 (including each number); the fact inquiry results with respect to N pages of this court; the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion completed the registration of the instant forest under the name of the Deceased according to the title trust agreement concluded with the Plaintiff. As the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), the Defendants, the deceased’s heir, acquired the ownership of the instant forest, thereby making unjust enrichment.
Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership based on the return of unjust enrichment with respect to each inheritance share stated in the purport of the claim among the forest of this case to the Plaintiff.
B. In the case of bilateral registration title trust, the title trust agreement and registration pursuant thereto are null and void under the Real Estate Real Name Act, and such ownership is not transferred from the beginning, notwithstanding the registration of ownership transfer under the name of the title trustee with respect to the target real estate.