After the title trust of real estate ownership is terminated, the validity of registration of ownership preservation made by the trustee.

If registration of ownership preservation has been made in the name of the trustee on the basis of the statement on the land cadastre, etc. even though the truster had terminated the title trust even if it was registered as the owner on the land cadastre, etc. due to the effect of title trust, and the registration is invalid.

Article 186 of the Civil Act / [title trust]

Supreme Court Decision 70Da1215 Decided September 17, 1970 (No. 18 third citizen15) (Gong1888,1531)

[Defendant-Appellee] Defendant 1 et al., Counsel for defendant-appellee and one other, Counsel for defendant-appellee

Defendant Lee Jae-soo, Counsel for defendant-appellant

Daegu District Court Decision 92Na9232 delivered on November 27, 1992

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

According to the reasoning of the judgment below, the court below determined that the land of this case was originally owned by the plaintiff's clan and it was registered as the title trust to the plaintiff's non-party et al. and one other than the non-party et al. in the forest register when investigating forest and land, and that the plaintiff's non-party et al. was terminated on February 28, 1979 by its adopted evidence. In light of the records, the above fact-finding by the court below is proper and it cannot be said that there was any error in the incomplete deliberation or the rules of evidence against the rules of evidence.

If registration of ownership preservation has been made in the name of the trustee on the basis of the land cadastre, etc. even though the truster terminated the title trust even though it was registered as the owner on the land cadastre, etc. due to the effect of title trust, and the registration has not yet been acquired, the registration is deemed to be a registration invalidation (see, e.g., Supreme Court Decision 87Meu2459, Nov. 8, 198; Supreme Court Decision 79Da232, Oct. 14, 1980; Decision 74Da1694, Sept. 24, 1974; Supreme Court Decision 70Da1215, Sept. 17, 1970; etc.). Thus, the court below's decision was justified in holding that the registration of ownership preservation of the above land was made in the title trust register, etc. to one of the deceased non-party and the above non-party's heir, and thus, the registration of ownership preservation cannot be made in the order of the non-party's ownership invalidation.

As in this case, if the defendant, who is the inheritor of the person registered as the owner in the forestry register, etc. according to the title trust of the plaintiff in the form of registration, denies the ownership of the plaintiff in the form of registration and is in danger of being the owner of the plaintiff in the form of registration, the plaintiff in the form of the plaintiff can seek confirmation of ownership against the defendant in the form of registration. In addition, in the case of the claim for cancellation of registration of ownership preservation, the res judicata effect of the final and conclusive judgment dismissed by the plaintiff's claim is limited to the existence of the right to claim cancellation registration,

All arguments are groundless.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)