소유권이전등기
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. G was married with H and died on July 12, 2013 by having employed I, A, Plaintiff E, and Defendant under the chain.
A died during the course of the instant lawsuit, and the Plaintiff B, C, and D, his heir, took over the litigation procedures of A.
B. As to the multi-family house of this case, registration of ownership preservation was completed on October 23, 2000 in the name of the defendant.
[Ground for Recognition: Facts without dispute, entry in Gap evidence 1 through 3 (including branch numbers in case of additional number), purport of whole pleadings]
2. Assertion and determination
A. The Plaintiff’s assertion that the instant multi-family house was owned by the network G, because the net G was newly built at his own expense, received a monthly rent, and received the property tax, etc., and was entrusted to the Defendant. As such, the agreement on the title trust between the network G and the Defendant on the instant multi-family house and the registration of preservation of ownership in the name of the Defendant is null and void.
Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to each inheritance share of the plaintiffs among multi-family houses in this case.
B. The burden of proving that the registration was based on the title trust lies in the person who asserts the title trust.
(See the evidence No. 4 and No. 13 of 208, Apr. 24, 2008 (see, e.g., Supreme Court Decision 2007Da90883, Apr. 24, 2008). According to the evidence No. 4 and No. 13, it is recognized that the network G extensively participated in the process of purchasing the land of the instant multi-family house and constructing the multi-family house. The amount of funds equivalent to 1.5 million won, such as using the money disposed of by the Daejeon J house, as new construction costs, etc., was used as the purchase and new construction costs of the instant multi-family house. The fact that the monthly rent received and paid the pertinent multi-family house-related property tax with the said money.
On the other hand, the evidence No. 5, No. 2 to No. 2.