소유권이전등기
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. On December 29, 2005, the Plaintiff completed the registration of ownership transfer on the ground of donation on December 19, 2005.
A: B (Defendant)
1. The original owner of the above goods (the instant housing) is “A” and only the ownership transfer registration is made to “B”, and the right of “resettled housing site right” arising from the said goods is against “A”.
4. (Conceives) If it is confirmed that the acceptance has become known, it shall be returned to “A” who is the owner.
B. The Plaintiff’s husband C does not dispute that the Plaintiff and the Defendant, on behalf of the Plaintiff, entered into the instant agreement with the Defendant on behalf of the Plaintiff, on behalf of the Plaintiff, and thus, it is recognized as above.
On August 18, 2009, the Plaintiff entered into a contract with the Defendant to complete the registration of ownership transfer with respect to the instant house under the name of the Defendant (hereinafter “instant agreement”). On August 20, 2009, the Plaintiff completed the registration of ownership transfer with respect to the instant house under the name of the Defendant on June 30, 2009 (hereinafter “instant registration”). The main content of the instant agreement is as follows.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings
2. Determination as to the cause of action
A. The title trust on the instant housing between the Plaintiff and the Defendant is null and void pursuant to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).
Therefore, the Plaintiff may seek at any time the cancellation of the ownership transfer registration against the Defendant, a title trustee.
B. Meanwhile, a claim for the registration of ownership transfer for the restoration of the true title of registration is not to seek the cancellation of the registration against the present title holder by means of restoring the true title of registration, in which the person who acquired ownership by law has already been registered to indicate ownership in his/her future.