1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The assertion and judgment

A. The Plaintiff’s assertion is a parent of the deceased net C (hereinafter “the deceased”) who died on August 28, 2016.

On April 20, 2006, the Deceased purchased each real estate listed in [Attachment List Nos. 1 and 2] from D on April 20, 2006, and on October 2, 2008 (on February 17, 2009, the cause of the claim seems to be a clerical error) the Deceased purchased each real estate listed in [Attachment List No. 3 (hereinafter referred to as “each real estate of this case”) from E and completed the registration of ownership.

In order to avoid the compulsory execution against the obligees' property owned by them, the Deceased, who was under a demand of the obligees due to bonds and national taxes in arrears, shall decide to title trust the instant real property to the Defendant, a de facto spouse, and complete the registration of ownership transfer, such as the entry in the claim for purchase and sale on February 17, 2009, (hereinafter referred to as "each registration of ownership transfer of this case").

Therefore, the above title trust agreement between the deceased and the defendant and each ownership transfer registration of this case are null and void in accordance with Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Thus, the defendant is obligated to implement the procedure for registration of cancellation of each ownership transfer registration

B. Determination 1) Since a person who is registered as an owner of real estate is presumed to have acquired ownership through legitimate procedures and causes, the fact that such registration was based on title trust has the burden of proof for the claimant (see Supreme Court Decision 2007Da9083, Apr. 24, 2008). The registration of real estate is valid even if the current state of true rights is publicly announced without reflecting the process or form that led to such public announcement. As such, in acquiring real estate from the former owner, the person who is registered has lawfully acquired the real estate for other reasons, rather than based on the grounds for registration stated in the register.