소유권이전등기
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. The possessor whose acquisition by possession of real estate has been completed has the right to claim the ownership transfer registration based on the prescriptive acquisition against the owner at the time of the completion of the acquisition by prescription, and as such, the third party who has acquired the ownership of the real estate by first completing the registration of ownership transfer may not claim the completion of the acquisition by prescription
However, the possessor does not lose his right to claim for ownership transfer registration against the owner at the time of completion of the acquisition by prescription, but only becomes unable to perform the obligation of ownership transfer registration for the possessor. Thus, if ownership is restored to the owner at the time of completion of the acquisition by prescription for any reason thereafter, in principle, the possessor can claim for the effect of prescription acquisition
(see, e.g., Supreme Court Decision 90Da14225, Jun. 25, 1991). If an ownership transfer registration of real estate has been made in the future in accordance with a trust agreement under the Trust Act, the ownership of real estate is entirely transferred to the trustee, and the ownership of real estate is not reserved against the truster in the internal and external relationship with the truster.
However, since the trust property under the Trust Act is independent of the trustee's own property or other trust property, even if any trust property falls under the ownership of the trustee, the relationship of rights cannot be treated the same as that of the trustee's own property or other trust property.
Therefore, when the acquisition by prescription of possession of real estate is completed, if the real estate is registered in the name of the trustee in accordance with the trust contract under the trust law, the possessor can exercise the right to claim for the transfer of ownership due to the completion of the acquisition by prescription against the trustee.