소유권이전등기
1. As to Defendant C, D, E, F, G, H, I, J, K, L, and M’s share of 1/2 of the real estate stated in the separate sheet.
1. Facts of recognition;
A. On January 21, 1986, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant commercial building”) from N on January 21, 1986, and entered into a title trust agreement with O and Defendant B, who was the Plaintiff’s punishment, and paid the price in full, and completed the registration of ownership transfer in the name of O and Defendant B as to each of 1/2 shares for convenience with N’s consent.
B. In addition, with the consent of theO on May 29, 1987, the plaintiff completed the registration of transfer of ownership under the name of the defendant B with respect to the shares of 1/2 in the title of the O among the instant commercial buildings, and completed the registration of transfer of ownership under the name of the plaintiff on October 29, 1987 after the termination of the title trust with respect to the shares of 1/2 in the name of theO.
[Ground of recognition] Gap's 1 to 14, 17, 18, 21 to 28, 55 to 62, witnessO's testimony, and the purport of the whole pleadings
2. Determination
A. According to the above facts, N entered into a contract with the intent to transfer the ownership directly to the Plaintiff who participated in the O office at the time of entering into the sales contract for the instant commercial building, but it can be deemed that only the name of ownership transfer was Defendant B at the Plaintiff’s request. Thus, this constitutes the so-called three-party registered title trust agreement.
In such a case, upon the expiration of the grace period prescribed by the Act on the Registration of Real Estate under Actual Titleholder’s Name, the existing title trust agreement and the registration of ownership transfer under the name of Defendant B were null and void, and as a result, the instant commercial building, which was title trust, returned to the seller N, and thus, N may seek cancellation of the registration of ownership transfer invalid to Defendant B, who is the title trustee. However, even in this case, the sales contract between the seller N and the Plaintiff, the title truster, still remains valid. Therefore, the Plaintiff may seek cancellation of the ownership transfer registration under his name against Defendant B, by subrogation
(b).