Text
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Presumed factual basis
A. The plaintiffs and the defendant are children of deceased G on June 5, 1986.
B. On June 9, 1986, the Defendant purchased 3302 square meters of F forest land in Jinjin-si (hereinafter “instant land”) from H in 4,00,000 won, and completed the registration of ownership transfer in the name of the Defendant on April 18, 1987.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 3, the purport of the whole pleadings
2. The plaintiff's assertion
A. The land of this case for the claim for return of unjust enrichment on the ground of termination of title trust was to be jointly purchased by siblingss for the installation of graves by the deceased, and KRW 2,00,000,000, out of the price of KRW 5,000,000, and the remainder of KRW 3,000,000,000, which was donated to the deceased before the deceased’s birth, was collected by the Defendant, and completed the registration of ownership transfer in its name pursuant to a title trust agreement with the Plaintiffs.
However, as the grace period for the real name composition prescribed by the Act on the Registration of Real Estate under Actual Titleholder's Name has expired, the above title trust agreement becomes null and void, the defendant is obligated to return the shares of 1/5 of the land of this case to the plaintiffs
B. The plaintiffs claiming the transfer registration of ownership based on the completion of the prescriptive acquisition on June 6, 1986 asserted that since the deceased's grave was installed on the land of this case on June 6, 1986, the defendant is obligated to implement the transfer registration procedure on the land of this case on the ground of the completion of the prescriptive acquisition on June 5, 2006.
3. Determination
A. The title trustee acquired the ownership of real estate in accordance with the title trust agreement before the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).