소유권이전등기
The plaintiffs' claim against the defendant is dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Basic Facts
A. On December 12, 2017, G died with the Plaintiffs and H, who are their children, and I is the spouse of H.
B. As to the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”), the registration of ownership transfer was completed on October 10, 2003 in the Defendant’s future on October 17, 2003, and the ownership transfer registration was completed on March 28, 2002 (hereinafter referred to as “the ownership transfer registration”).
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 and 3 (including provisional number), the purport of the whole pleadings
2. G, the father of the plaintiffs' assertion, purchased the right to sell the real estate in this case and paid the sale price, and made a registration of title trust in the I future with respect to the real estate in this case by lending the name of the I. In the case of third party registered title trust, the title trust agreement under the Act on the Registration of Real Estate under Actual Titleholder's Name and the registration based thereon are null and void, so the ownership transfer registration of this case shall be cancelled, and the defendant shall implement the registration procedure of ownership transfer
3. The plaintiffs' evidence submitted by the plaintiffs alone is insufficient to acknowledge that a title trust agreement was made between G and I with respect to the instant real estate. In addition, there is no reason or evidence to prove that the defendant was aware of the existence of a title trust agreement. Thus, the plaintiffs' assertion based on the premise that the transfer registration of the instant real estate was invalid under the title trust agreement is without merit.
4. In conclusion, the plaintiffs' claims are dismissed as it is without merit. It is so decided as per Disposition.