Whether the truster of real estate who is not the title holder of registration can claim ownership to a third party.
A truster of real estate who is not a registered titleholder shall not claim ownership against a third party.
Article 509 of the Civil Procedure Act, Article 186 of the Civil Act
Attorney Lee Jae-nam, et al., Counsel for the plaintiff-appellant in charge of the Hahyeong Pak-saeng Pak,
Defendant-Appellee et al., Counsel for the defendant-appellee
Jeonju District Court Decision 73Na159 delivered on February 8, 1974
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
With respect to the Plaintiff’s ground of appeal:
The issue is that the judgment of the court below on the determination of the evidence and the recognition of facts is merely to criticize the matters on the exclusive authority of the court below on the determination of the evidence and on the recognition of facts, and even if the land on family is owned by the plaintiff and trusted to the deceased Nonparty, whether the trust contract will be terminated automatically due to the death of one of the parties should be determined according to the terms and conditions of the trust contract. However, the title trust, such as this case, shall be succeeded to the heir without termination due to the death of the trustee, and the trust which is not the registered titleholder, shall be a legal principle that makes it impossible for the truster, who is not the registered titleholder, to claim the ownership of the third party
Therefore, according to Articles 400, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.
Justices Rin- Port (Presiding Justice)
- 민법 제186조