소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around March 2001, the Plaintiff’s assertion and the deceased co-inheritors, including the Defendant, agreed on the ownership of the land indicated in the separate sheet, which is the deceased’s inherited property (hereinafter “instant land”), under the Plaintiff’s sole name, but upon the death of the Plaintiff, the transfer of the land to the respective inheritance shares.
However, on August 201, 2001, prior to the transfer registration under the name of the Plaintiff, the Plaintiff and the Defendant (spouseD) agreed on the title of ownership of the instant land in the name of the Defendant (hereinafter “title trust agreement”) and accordingly, the ownership transfer registration was made in the name of the Defendant.
Since a title trust agreement between the plaintiff and the defendant is null and void, the defendant must implement the procedure for the registration of ownership transfer with respect to the plaintiff's inheritance shares among the land in this case
2. The judgment below argues that the registration of transfer of ownership in the name of the defendant against the land of this case was duly made according to the agreement of division of inherited property among the plaintiff and the net C co-inheritors including the defendant, and that there was no title trust received from the plaintiff. We examine whether the title trust agreement exists.
In general, in cases where only the name of the owner of real estate is entrusted to another person, documents proving the legal relationship, such as the registration certificate, are held by the title truster, who is the actual owner. Therefore, if a person who is referred to as the title trustee possesses such legal relationship documents, such documents may not be deemed as impeding the recognition of the title trust relationship unless there is a clear explanation on the circumstance of possession, etc.
In addition, since a person registered as an owner of a real estate is presumed to have acquired the ownership by due process and cause, the fact that the registration is based on the title trust has the burden of proof for the claimant.
(b).