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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
G was the owner of each of the instant real estate. As the property was hotly hot due to gambling, H, I, and J, the punishment agents of the instant real estate, and H, I, and J completed the registration of ownership transfer as to 1/4 of each of the instant real estate shares among the instant real estate on June 15, 1942 in accordance with the above title trust agreement.
The plaintiff is the heir of G, the heir of the defendant B, C, D, and H, and the defendant F are the heir of H. The plaintiff notified the termination of the title trust agreement with respect to each real estate of this case by the service of the complaint of this case. As such, the defendants must implement the procedure for the registration of ownership transfer based on the termination of title trust with respect to their shares in inheritance among the above real estate.
Judgment
According to Articles 11, 12(1) and 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), 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, under the name of the title trustee, shall carry out the real name registration within the grace period prescribed in Article 11 of the said Act. Since the title truster’s real right to real estate becomes invalid after the expiration of the grace period, and the change of real right to real estate under the title trust agreement and the registration made pursuant thereto becomes invalid, no
(See Supreme Court Decision 98Da1027 delivered on January 26, 1999, etc.). Even according to the Plaintiff’s assertion, G trusted part of the instant real estate to H, I, and J around 1942, prior to the enforcement of the Real Estate Real Name Act. Since G’s heir did not make a real-name registration within the grace period stipulated under Article 11 of the Real Estate Real Name Act, the title trust agreement on each of the instant real estate was null and void pursuant to Article 12 of the Real Estate Real Name Act, and accordingly, the Plaintiff’s title trust against the Defendants.