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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion C and D, upon offering part of the land and funds owned by C, provide D with the remaining building funds to conduct a new inspection, E, E, which is a company run by F, was in charge of the said inspection. However, D, upon the occurrence of different opinions with C, left E on March 2004, and G was in a nearby inspection, E, while F and G were in a nearby inspection. The Plaintiff was well-known.
As the recognition of E company, the Plaintiff concluded a sales contract with C on the land and the above ground inspection (hereinafter “instant real estate”), and paid the purchase price to C, but, upon discussion with F and G, decided to title trust to the Defendant, who is the public owner of E company, and decided to transfer the ownership of the instant real estate to C in the future.
As such, since the registration of transfer of ownership in the name of the defendant with respect to the instant real estate is null and void as it is in accordance with the title trust agreement, the defendant must implement the procedure for cancellation registration
2. The Plaintiff’s assertion of judgment or the same agreement as the witness C’s testimony is that the title truster entered into a title trust agreement with the title trustee, and the title truster entered into a sales contract with the seller as the party to the sales contract. Under the agreement with the seller, such agreement constitutes a so-called three-party registered title trust or an interim omission registered title trust, which directly transfers the relevant registration from the seller to
In the case of a three-party registered title trust, a title trust agreement and registration based thereon are null and void, and as a result, the real estate held in title is returned to the seller’s ownership. Therefore, the seller can seek cancellation of the registration under the name of the seller. Meanwhile, the law does not deny the validity of the sales contract between the seller and the title truster, and thus the sales contract between the seller and the title truster still remains valid after the lapse