Main Issues

If several persons purchase the land and make a registration of co-ownership for convenience, the nature of the above registration.

Summary of Judgment

When several persons purchase the land by specifying it, but only the transfer registration of ownership is made for convenience, it is considered that mutual title trust is made with respect to each specific purchased part.

[Reference Provisions]

Article 268 of the Civil Act

Plaintiff-Appellant

[Judgment of the court below]

Defendant-Appellee

Defendant 1 and two others

Judgment of the lower court

Daejeon District Court Decision 70Na233 delivered on February 4, 1972

Text

The appeal is dismissed.

Reasons

Inasmuch as the Plaintiff’s agent’s ground of appeal may be sold to others by double real estate owners, Defendant 1, based on each evidence before and after the original judgment was based on evidence, on May 20, 1963, on the premise that the designation of land substitution for the first time in the large exhibition ( Address 1 omitted), which is the previous land before replotting, would be subject to a disposition of land substitution for the first time from the non-party Yusung Hot Spring Co., Ltd., the purchase by specifying approximately 51 square meters after replotting from the land substitution for the first time. In the latter part of this case, the Plaintiff did not have any specific ownership registration as to the above land purchase by the non-party 1 after the disposition of land substitution for the second time ( Address 2 omitted) and the registration of land purchase by the non-party 1 was based on the premise that the land purchase by the non-party 3 was based on the premise that the land purchase by the non-party 1 was based on the non-party 1’s ownership registration and the above land purchase by the non-party 3 is without any specific ownership registration.