beta
Text
1. Defendant C, D, and E shall each be recorded in the attached inheritance shares among the real estate listed in the attached real estate list to Defendant B.
Reasons
1. Basic facts
A. On November 20, 1985, the Plaintiff purchased, from Defendant B, the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) from Defendant B. However, on November 20, 1985, the Plaintiff transferred the ownership registration as to one half of the instant real estate under the name of DongF’s type G, the husband of the Plaintiff and the Plaintiff, as Busan District Court Branch Branch of Busan District Court, No. 4210, Nov. 20, 1985.
(1) The Plaintiff is continuously residing in the instant real estate after the purchase of the instant real estate.
B. The deceased G died on June 10, 1986, and his heir is Defendant C, Defendant D and E, the wife, as the wife.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 7 (including provisional number), the purport of the whole pleadings
2. Determination
A. According to the relevant legal principles, in the case of a three-party registered title trust, the registration under the title trust agreement and the registration under the title trust agreement is null and void, and as a result, the real estate held in title return to the seller’s ownership. As such, the seller is entitled to seek cancellation of the registration under his/her name invalid. Meanwhile, the sales contract between the seller and the title truster is still valid since the seller did not have any provision denying the validity of the sales contract between the seller and the title truster. As such, the title truster may file a claim for the registration of ownership transfer against the seller based on the sales contract, and the title truster may seek cancellation
B. (See, e.g., Supreme Court Decision 2001Da61654, Mar. 15, 2002)
According to the facts of recognition of the claim against Defendant C, D, and E, the Plaintiff purchased the instant real estate from Defendant B, and completed the registration of ownership transfer in the name of the deceased G with respect to one half of the instant real estate.