beta
(영문) 대구지방법원김천지원 2014.07.17 2013가단11139

부동산토지반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the statements in Gap evidence Nos. 1, 1, and 2, it is recognized that the defendant completed the registration of ownership transfer on May 28, 197 with respect to the land of 166 square meters (hereinafter "the real estate of this case") in the Gu-si C, Gu-si on May 28, 197 on the ground of sale on the 26th day of the same month (hereinafter "the registration of ownership transfer in the defendant's name"), and thereafter, the registration of ownership transfer in D's name has been completed on the real estate of this case through the Gu-do Doodi corporation.

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff offered purchase price around the completion of the instant transfer registration, and the Plaintiff and the Defendant reverted to the Plaintiff, but there was a title trust agreement between the Plaintiff and the Defendant to complete the registration of ownership transfer under the name of the Defendant, and filed a claim against the Defendant, the title trustee, for the registration of ownership transfer for the restoration of the real name of the pertinent real estate.

B. A claim for the registration of ownership transfer for the restoration of the true title of registration is allowed in lieu of seeking the cancellation of the registration against the current title holder in a way that the ownership was already registered in his/her future, or that the person who acquired ownership pursuant to the law seeks the cancellation of the registration in order to restore the true title of registration. Thus, in order to exercise the right to claim the registration of ownership transfer for the restoration of the true title of registration, the current title holder, who is the other party, should be entitled to claim the ownership as the true owner (see Supreme Court en banc Decision 9Da37894 delivered on September 20, 201). Since the defendant is not the current title holder of the real title of registration of this case, the plaintiff's assertion is unnecessary further.

However, the plaintiff is the plaintiff.