배당이의
All appeals are dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the grounds of appeal on the validity of the establishment registration of a neighboring mortgage that was completed in the future of the title truster
A. “Third party” under Article 4(3) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) refers to a person, other than a party to a title trust agreement and a general successor, who has entered into a new interest directly with the title trustee on the basis that the title trustee is a real right holder. As such, the title truster is not a third party. Meanwhile, if a person who has obtained a registration of real estate under title from the title trustee is not a third party under the said provision, the title truster cannot assert the validity of his/her registration based on the registration of title trust that is null and void under Article 4(3) of the Real Estate Real Name Act.
(See Supreme Court Decision 2005Da34667, 34674 Decided November 10, 2005). Therefore, the registration of creation of a neighboring mortgage completed in the future of the title trustor is null and void based on an invalid registration of title trust.
On April 26, 2008, the lower court: (a) concluded a sales contract with G, H, and the Defendant to the effect that “the Defendant shall purchase the instant real estate from G and H, and the transfer of ownership shall be registered in the name of J”; (b) concluded a title trust agreement with J on June 11, 2008 with regard to the instant real estate; and (c) acknowledged the fact that the ownership transfer registration was completed on June 11, 2008; and (d) the establishment registration of ownership transfer was completed on the instant real estate in the Defendant’s future; and (b) determined that the ownership transfer registration completed in the J’s future is null and void pursuant to the main sentence of Article 4(2) of the Real Estate Real Name Act; and accordingly, (c) accordingly, the registration that was completed in the name
The judgment below
The grounds for appeal are examined earlier.