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(영문) 대전지방법원 2017.09.27 2016가단205479
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

In full view of the purport of Gap evidence Nos. 1 and 2, the plaintiff filed a lawsuit against the defendants for the termination of the above title trust and the performance of the procedure for the registration of ownership transfer of the real estate of this case according to the defendants' shares in inheritance, etc., by the Daejeon District Court 2004Gahap5383, Daejeon District Court 2004Gahap5383 (hereinafter "the real estate of this case"). The plaintiff filed a lawsuit against the defendants for the execution of the registration of ownership transfer of the real estate of this case with D and E, which caused the termination of the above title trust and the plaintiff's death, and the above court filed a lawsuit against the plaintiff for the execution of the procedure for the registration of ownership transfer of the real estate of this case according to the defendants' shares in inheritance. On March 31, 2005, the above court rendered the judgment that "the plaintiff will implement the procedure for ownership transfer registration for 2/5 shares in the real estate of this case on August 12, 2004."

The Plaintiff seeks implementation of the procedure for ownership transfer registration of the same content as the final and conclusive judgment of this case on the grounds that the Defendants’ disposal of this case’s real estate might cause loss of ownership after the extinctive prescription of the right to claim ownership transfer registration expires.

As to the legitimacy of the instant lawsuit ex officio, barring any special circumstance, a person who trusts the real estate owner’s name may terminate the title trust at any time, and may claim the implementation of the procedure for the registration of ownership transfer based on the ownership to the effect that the ownership is terminated, and such right to claim for registration is not subject to extinctive prescription (see, e.g., Supreme Court Decision 91Da34387, Nov. 26, 191).

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