1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

- On July 27, 2017 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”), the registration of transfer of ownership in the name of the Defendant was made on July 27, 2017 with respect to the real estate registered in the separate sheet (hereinafter “instant apartment”) with the Suwon District Court, Sungwon-nam Branch Office, Sung-nam Branch Office, 3238.

- C (hereinafter “the deceased”) died on February 20, 2018, and the Plaintiff, a child, inherited the deceased’s property solely.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 6, and 13 (the number of pages is included; hereinafter the same shall apply), and the summary of the plaintiff's claim for the whole purport of the argument as to the apartment of this case is the real estate which the deceased trusted in title to the defendant before his birth, and the plaintiff, the inheritor of the deceased, terminated the title trust agreement on the apartment of this case by the lawsuit of this

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer based on the cancellation of the title trust agreement with respect to the instant apartment to the Plaintiff.

Judgment

The evidence submitted by the plaintiff, including the evidence of Gap evidence Nos. 1 through 16, is insufficient to recognize that the plaintiff and the defendant concluded a title trust agreement on the apartment of this case, and since no other evidence exists, the plaintiff's claim is without merit.

Furthermore, according to the evidence Nos. 1, 4, and 5, the sales contract of the apartment of this case was prepared on July 27, 2017 by the seller D, the purchaser as the defendant, and the defendant transferred the purchase price of the apartment of this case to D. Even according to the plaintiff's assertion, the title trust agreement between the plaintiff and the defendant as to the apartment of this case is deemed to be a contract title trust.

According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the title truster and the title trustee entered into the so-called contract title trust agreement and the title trustee did not know that the title trust agreement was made by the parties concerned.