소유권이전등기 등
1. As to the land listed in Attachment 1:
A. Defendant B is the Seoul Southern District Court.
1. Basic facts
A. A. Around March 5, 1957, the Plaintiff was married with D, and was placed in the Republic of South, North, South, South, North F, Samnam G, North Ha, North Ha, Ha, and Tris J as his child, and D died on May 14, 1978.
B. The registration of ownership transfer was completed on June 7, 1983 under the name of Defendant B (hereinafter “instant registration of ownership transfer”) with respect to the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) owned by Defendant C on June 1, 1983, and the registration of ownership transfer was completed on March 21, 1994 with respect to the building listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”).
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 5 evidence, Eul evidence 1, witness E's testimony, purport of whole pleadings
2. Plaintiff’s request
A. On June 1, 1983, the Plaintiff purchased the instant land from Defendant C, and purchased the registration title thereof on June 7, 1983, and held a title trust (three-party title trust) to the Defendant on June 7, 1983.
Since a title trust agreement is null and void, and the registration under the agreement is null and void, Defendant B is obligated to cancel the registration of ownership transfer of this case with Defendant C, and the Plaintiff is entitled to claim the registration of ownership transfer under the above sales contract with Defendant C as preserved bonds, and the Plaintiff seeks to cancel the registration of ownership transfer of this case by subrogation of Defendant B
B. In around 1993, the Plaintiff newly constructed the instant building on the ground of the instant land, and completed the title trust to Defendant B, and the registration of ownership preservation was completed under Defendant B’s name. The above registration of ownership preservation is null and void pursuant to the title trust agreement. In lieu of the claim for cancellation of the above registration of ownership preservation, the Defendant is obliged to implement the procedure for registration of ownership transfer for the Plaintiff, who acquired the ownership of the instant building upon the original acquisition
3. Determination
A. We examine the existence of the title trust agreement and whether the registered title trust was registered, and each of the items stated in Gap's 2 to 4, Gap's 6 to 16, Eul's 6 and Eul's 7.