The effect of registration of preservation of ownership made by the heir of the trustee who has been entrusted with the title of circumstance after the termination of the title trust contract (effective)

A person who received circumstances pursuant to the Land Survey Decree or the Forest Land Survey Ordinance shall acquire ownership in the original and creative sense, and when a clan has entrusted the real estate owned by it to a clan member, a member of the clan, who is a circumstance, shall acquire the ownership of the real estate. Even if the title truster terminated the title trust agreement, the real estate belongs externally to the ownership of the clan member, which is the trustee, until the registration of ownership transfer is completed, and the registration of ownership preservation is completed by using the fact that the clan member, who is the trustee, is registered as the owner in the land cadastre or the forest land register, etc., and the registration of ownership transfer is valid in relation to the third party.

Articles 31, 103 [title trust], and 186 of the Civil Act

Supreme Court Decision 90Da10858 delivered on January 25, 1991 (Gong1991, 847), Supreme Court Decision 92Da49362, 49379 delivered on December 27, 1994 (Gong1995Sang, 650), Supreme Court Decision 94Da9160, 9177 delivered on June 9, 1995 (Gong1995Ha, 2367), Supreme Court Decision 94Da20426, 2043 delivered on August 25, 1995 (Gong1995Ha, 3253)

Jeju High Court Decision 201Na14466 delivered on May 1, 201

Defendant 1 and three others (Attorney Kim Jong-soo, Counsel for the defendant-appellant)

Seoul High Court Decision 96Na6808 delivered on July 26, 1996

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

1. A person who was under the circumstances pursuant to the Land Survey Decree or the Forest Land Survey Ordinance for the Japanese War shall acquire ownership in the original, creative, and the clan shall acquire the ownership of the member of the clan, who is the circumstance when the clan was under the circumstances that he was under the title of the clan. Even if the title truster terminated the title trust agreement, the real estate shall externally belong to the ownership of the clan, which is the trustee, until the registration of ownership transfer is completed, and the registration of ownership preservation is completed by using the fact that the clan, the trustee, was registered as the owner in the land cadastre or the forest land cadastre, etc., and the registration of ownership transfer based thereon is valid in relation to the third party.

2. Therefore, the court below held that the real estate of this case was originally owned by the plaintiff clan, and since the plaintiff clan entrusted the name of the deceased non-party 1 and non-party 2 under the Land Investigation Order, the ownership of the real estate was originally acquired by the non-party 1 and the non-party 2, and the non-party 1 and the non-party 2, who are the circumstance, have acquired the ownership in the original state, creation. The plaintiff clan declared that the above non-party 1 and the non-party 2 should terminate the title trust agreement and received a favorable judgment in the lawsuit claiming the registration of ownership transfer against them, unless the registration of ownership transfer was actually completed, the registration of ownership transfer completed in the name of the non-party 1's co-party 2 and the non-party 3, who are the co-party 1's inheritors, cannot be deemed to be the registration of invalidity lacking the cause, and it is just and there is no

3. Therefore, the appeal shall be dismissed and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition.

Justices Lee Don-hee (Presiding Justice)