가등기에기한 본등기절차 이행의 소
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. As to the instant apartment, on July 12, 2006, the registration of preservation of ownership in the name of the Defendant was completed, and on October 22, 2013, the provisional registration of the Plaintiff’s right to claim the transfer of ownership was completed as described in the purport of the claim on October 17, 2013.
B. The contract of the purchase and sale reservation made on October 17, 2013, which was the cause of the above provisional registration, is thus stated in the contract.
The Defendant’s promise to sell the instant apartment at KRW 960 million to the Plaintiff, but the said money was paid on the date of the reservation, and the purchase and sale was completed as a matter of course without the Plaintiff’s declaration of intention to complete the sale and purchase even after November 18, 2013, which was the date of the reservation.
C. The plaintiff is identified as D, and the defendant is the plaintiff and D's children.
[Ground of recognition] Unsatisfy, Gap 1, 2, and 3 evidence, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. Plaintiff 1) The apartment of this case, which is the primary claim, is E apartment F (hereinafter referred to as “E apartment”) on the same lot number.
(2) Since the Plaintiff and D have entrusted only the name on the registry of E Apartment to the Defendant, the apartment of this case having such substance should be deemed to have been nominal trust to the Defendant. Thereafter, the Defendant lost the Plaintiff’s trust due to the Defendant’s use of the Plaintiff’s money, etc., and upon request of the Plaintiff, the Defendant made a pre-sale and provisional registration as to the apartment of this case. As the pre-sale agreement was concluded as of November 18, 2013 as stipulated in the pre-sale agreement, the Defendant must implement the principal registration procedure based on the provisional registration as to the apartment of this case. (2) Since the Plaintiff entrusted only the name of E apartment to the Defendant, and the grace period under the Act on the Registration of Real Estate under Actual Titleholder’s Name, the Defendant, a title trustee, acquired full ownership as to E apartment of this case.