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Reasons
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(영문) 춘천지방법원원주지원 2016.02.16 2015가단34139
소유권이전등기
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1. The plaintiff's primary claims against the defendant B, the defendant D, and the appointed parties E are dismissed.

2. Defendant B, and .

Reasons

1. Facts of recognition;

A. The deceased on February 26, 2013, and the deceased on February 26, 2013, the deceased on the part of his heir, there is Plaintiff B, Defendant B, Defendant (Appointed Party; hereinafter “Defendant”) D, Appointed E.

B. On July 22, 2004, Defendant C sold the real estate indicated in the attached Table (hereinafter “instant real estate”) to the Plaintiff.

However, the Plaintiff entered into a title trust agreement with the deceased F on the instant real estate, and the Defendant C completed the registration of ownership transfer with the original Chuncheon District Court No. 37664 on July 23, 2004 regarding the instant real estate to the deceased F.

[Ground of Recognition] Defendant D and Selection E: Unsured facts; Defendant B: A through 7; Defendant C: Confession

2. The Plaintiff asserted that, on February 28, 2014, Defendant B, D, and Selection E agreed to transfer ownership of each of the instant real estate to the Plaintiff on February 28, 2014, but there is no evidence to prove the facts of the claim, the above assertion is without merit.

3. According to the facts of the determination as to the preliminary claim, the so-called three-party registered title trust agreement was concluded between the Plaintiff and the deceased F. According to the Act on the Registration of Real Estate under Actual Titleholder’s Name, in the case of the so-called three-party registered title trust, the registration thereof becomes null and void, and as a result, the real estate held in title trust is returned to the seller’s ownership. As such, the seller may seek cancellation of the registration in the name of invalid title trust from the title trustee. Meanwhile, the sales contract between the seller and the title truster still remains valid. Thus, the title truster may file a claim against the seller for the registration of ownership transfer based on the sales contract

(see, e.g., Supreme Court Decision 2009Da49193, 49209, Sept. 8, 2011). Accordingly, Defendant B, D, the heir of the networkF, is the same.

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