소유권이전등기
1. Each of the plaintiffs' claims is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Each of the real estate listed in the Plaintiffs’ assertion list (hereinafter “instant real estate”) is owned by the Defendant. The Defendant requested the Plaintiffs to name the instant real estate on the grounds of various tax issues, etc. around November 2014. The Plaintiffs accepted the request, and the Plaintiffs accepted the registration, and the Plaintiff B completed each title trust registration as to the real estate listed in the separate sheet 2 as indicated in the separate sheet 1.
However, since the plaintiffs terminated the title trust contract as the delivery of the duplicate of the complaint of this case, the defendant is obligated to accept the registration procedure for ownership transfer of the real estate of this case from the plaintiffs.
2. The judgment real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and the person claiming that he/she had registered by trusting another person shall be liable to prove the relevant title trust fact.
(Supreme Court Decision 2012Da84479 Decided October 29, 2015). According to Gap evidence Nos. 1-1 and 2-2, the real estate of this case was originally owned by the defendant who completed the registration of ownership transfer on November 27, 2009, but the plaintiff Gap completed the registration of ownership transfer on November 10, 2014, respectively.
However, with respect to whether the registration of transfer of ownership in the name of the plaintiffs on the real estate of this case was based on the title trust, it is not sufficient to recognize the registration only by the statement of Gap evidence No. 2 (including the provisional number), and there is no other evidence to recognize it. Thus, the plaintiffs' above assertion
In addition, according to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder's Name, a title trust agreement becomes null and void, and a change in the real right of real estate according to the registration made according to