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(영문) 울산지방법원 2014.12.17 2014가단1132
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts (the fact that there is no dispute)

A. On March 20, 1980, H completed the registration of ownership transfer (hereinafter referred to as the “registration of ownership transfer”) in the name of the real estate listed in the [Attachment List] under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3094).

B. As H (hereinafter “the Deceased”) died, Defendant C, D, E, F, and G, his wife, jointly inherited his or her property.

2. Determination

A. The Plaintiff’s assertion 1) concluded a title trust agreement with the Deceased, and caused the Deceased to complete the registration of ownership transfer of the instant real estate in its name. 2) The Plaintiff’s natural father to whom Article 8 subparag. 1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name concerning clans applies by analogy to the registration of real estate under Actual Titleholder’s Name. As such, the above title

3) The Plaintiff terminated the above title trust through the delivery of the complaint. 4) Accordingly, the Defendants, co-inheritors of the deceased, are liable to implement the registration procedure for ownership transfer on the instant real estate due to the termination of title trust.

B. 1) Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”)

According to Articles 4, 11(1) and 12(1), a title truster, who had any real right to real estate registered under the title trust agreement prior to the enforcement of the said Act, in the name of the title truster, shall register the real right to real estate in the name of the title trustee within the grace period stipulated under Article 11 of the said Act. From the expiration of the grace period, the title truster’s title trust agreement and any change in the real right to real estate registered pursuant to the said registration is null and void, and accordingly, the title truster may not file a claim for the registration of ownership transfer for the reason of termination of the title trust with the title trustee (see, e.g., Supreme Court Decision 98Da1027, Jan. 26, 1999).

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