Whether the title truster can exercise the right to claim the cancellation of ownership transfer registration due to the invalidation of the cause of the trustee without cancelling the title trust (affirmative)

Since the title truster has a claim under the trust contract against the trustee, in order to preserve the claim without the termination of the title trust, the title truster can exercise the right to claim the cancellation of the registration procedure due to the invalidation of the cause held by the trustee.

Articles 186 [title trust] and 404 of the Civil Act

Supreme Court Decision 65Da1669 delivered on November 23, 1965 (No. 13 ② 231) 88Meu10890 Delivered on March 14, 1989 (Gong1989,605)

[Defendant-Appellee] Cho Young-young et al., Counsel for defendant-appellee-appellee-appellant

Defendant 1 and 3 Defendants, et al., Counsel for the defendant-appellant-appellee

Daegu District Court Decision 91Na11726,91Na11733 delivered on June 26, 1992

All appeals are dismissed.

The costs of appeal shall be assessed against the defendants.

We examine the grounds of appeal.

On the first ground for appeal

According to the reasoning of the judgment below, the court below acknowledged the fact that the non-party 4 was elected as the representative of the plaintiff clan, according to the rules of the court below, from among the clans created by the non-party 3 (non-party 3 (non-party 3) who is the non-party 11-year-old descendants of the plaintiff clan as the non-party 2's five years-year-old descendants of the plaintiff clan, and the non-party 4 had the substance of the plaintiff clan and the above non-party 4 was the legitimate representative of the plaintiff clan. In light of the records, the judgment of the court below is justified, and there is no

According to the evidence No. 3 of the plaintiff clan, the plaintiff clan is only recognized to have appointed the non-party 5 as the legal representative of the plaintiff clan in conducting the lawsuit of this case, and such circumstance alone cannot be viewed as the representative of the plaintiff clan. The argument is without merit.

On the second ground for appeal

As a title truster has a claim under a trust contract against a trustee, the title truster may exercise the right to claim the cancellation of registration of ownership transfer due to the invalidation of cause held by the trustee in order to preserve such claim without termination of title trust (see, e.g., Supreme Court Decision 88Meu10890, Mar. 14, 1989). Thus, the judgment below that the same purport is just and there is no error in the misapprehension of legal principles as pointed out.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-sung (Presiding Justice)