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(영문) 대전지방법원 2014.08.05 2013가단208804
말소등기절차이행 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The defendant is the husband of L, who is the great father of the deceased K (hereinafter "the deceased"), and the plaintiff I is the wife of the deceased, and the remaining plaintiffs are the other children of the deceased.

B. The real estate listed in [Attachment 1] List 1 to 4 was owned by the deceased. The real estate listed in Appendix 1 to 3 was for sale on April 30, 1979 and the ownership transfer registration was made in the Defendant on May 4, 1979. The real estate listed in Appendix 1 to 4 was for sale on April 20, 1979 and the ownership transfer registration was made in the Defendant on August 31, 1979.

Attached Form

(1) The real estate listed in the list 5 was registered by the head of the Ministry of Agriculture, Forestry and Fisheries on July 10, 1982 from the head of the relevant branch office of the National Agricultural Cooperative Federation on the grounds of sale and purchase on June 9, 1982, and the real estate listed in the Schedule 1 was registered in the name of each defendant on November 22, 1980, and the real estate listed in the Schedule 2 in the Schedule 2 in the separate sheet 1 was registered in the name of each defendant on November 25, 1980.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1 through 5, Gap evidence 3-1, 2, Gap evidence 4-1 through 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The above title trust agreement is null and void as the plaintiffs asserted that they held the real estate listed in the separate sheet Nos. 1 and 2 to the defendant. Since the above title trust agreement is also null and void, the defendant sought cancellation of the ownership transfer registration for each real estate listed in the separate sheet No. 1, and seek implementation of the procedure for ownership transfer registration for each real estate listed in the separate sheet No. 2, as to each real estate listed in the separate sheet No. 1.

B. In general, in the event that only the name of the owner of real estate is entrusted to another person, documents proving the legal relationship, such as the registration certificate, are held by the title truster, who is the actual owner. Therefore, if the title trustee holds such legal relationship documents, he/she is called the title trustee.

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