1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Facts of recognition

On June 15, 2007, the Plaintiff completed the registration of ownership transfer with the Seoul Central District Court Branch No. 39984, Jun. 22, 2007, on the real estate listed in the separate sheet (hereinafter referred to as “the apartment of this case”).

The plaintiff is between the defendant and the defendant.

[Ground of recognition] 1 and 2, and the plaintiff's assertion as to the ground of claim as to the whole purport of the argument was held in title trust with the defendant who is a relative to the defendant in order to avoid the creditor's compulsory execution.

However, the title trust agreement between the Plaintiff and the Defendant is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Thus, the ownership transfer registration in the future of the Defendant is invalid.

Therefore, the Defendant is obligated to implement the procedure for registration cancellation of ownership transfer registration of this case to the Plaintiff.

A person who is registered as an owner of the relevant legal principles is presumed to have acquired ownership by legitimate grounds for registration as well as a third party.

The registration of real estate is valid, even though it does not reflect the process or appearance that led to the disclosure of the current state of true rights. Thus, if the registration of ownership transfer is not effected against the will of the former owner, it cannot be said that the nominal owner asserts that the form or process of the act of cause for registration is somewhat different from that of the act of cause for registration, and the fact that the registration is based on the title trust has the burden of proof to the claimant for it.

(See Supreme Court Decision 92Da46059 Decided May 11, 1993, and Supreme Court Decision 2012Da84479 Decided October 29, 2015, etc.). Generally, where only a real estate owner’s title is entrusted to another person, documents proving the relationship of rights, such as a registration certificate, are held by the title truster, the actual owner.