소유권이전등기
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On August 31, 1981, the registration of transfer of ownership was completed on the land of this case in the name of F on December 30, 1970, with respect to the land of this case on August 31, 1981, in the name of F. However, the registration of transfer of ownership in the name of F is subject to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, hereinafter “Special Measures Act”).
(2) The Plaintiff filed an objection to the registration of the pertinent real estate after the expiration of the “three years from March 1, 1978, which was the enforcement date of the above Act” as stipulated in Article 14 of the above Act. However, according to the proviso to Article 14 of the above Act, the Plaintiff may file an application for registration within six months after the expiration of the above period (before September 1, 1981), if the Plaintiff filed an application for issuance of a confirmation within the above period. (2) On January 8, 2016, the registration of the ownership transfer for the instant land No. 1 was completed from F to the Defendant’s name on January 5, 2016.
B. As of January 24, 1977, the ownership transfer registration for the land of this case was completed on January 15, 1977 in the name of F with respect to the land of this case as of January 24, 197, the title registration for the land of this case was completed on January 8, 2016 under the name of F from the Defendant on January 5, 2016, with respect to the land of this case No. 2 in the name of the Defendant on January 8, 2016.
[Grounds for recognition] The descriptions of Gap evidence 7-1 and 2, and the purport of the whole pleadings
2. The plaintiff's assertion
A. The land No. 1 was owned by the Plaintiff A (hereinafter “Plaintiff”), which was title trust in the name of the clan member.
However, F voluntarily completed the registration of ownership transfer in its name without the legal relations such as the sale with G finally nominal trust or the consent of the plaintiff clan.
Therefore, the defendant, who received the ownership transfer registration from F, is obligated to implement the registration procedure for ownership transfer on the land of this case to the plaintiff for the restoration of real name.