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1. The defendant is based on the restoration of the authentic title as to the real estate stated in the attached list to the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff, as the owner of the building, newly constructed the instant building in Ulsan-gun C.
B. However, in the case of the land in the Gyeongjin-gun, Ulsan-gun, a farming promotion area under the Farmland Act, where a farmer constructs a house, etc., the Plaintiff could divert the farmland and construct a building on the ground. Therefore, the Plaintiff made a title trust agreement with the Defendant, a farmer (hereinafter “instant title trust agreement”), changed the land category of the said land from the Defendant’s name to “finite” to “finite,” and completed registration of preservation of ownership (hereinafter “registration of preservation of this case”) with the Ulsan District Court No. 13284, Dec. 28, 2011.
[Reasons for Recognition] Facts without dispute, Gap 1 through 7 evidence, Eul 1, 4, 6, 7, 8 evidence (including each number), the purport of the whole pleadings
2. Determination as to the cause of action
A. According to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), a title trust agreement is null and void, and any change in real rights to real estate arising from the registration made pursuant to a title trust agreement is null and void. Thus, in principle, a title truster of a general title trust should seek cancellation of the registration against the title trustee on the ground of invalidity of the cause. However, a title truster of a general title trust may seek implementation of the ownership transfer procedure against the title truster whose ownership was registered in his/her own name or who acquired ownership pursuant to the law, based on the ownership by means of restoring the title of the registration, against the title truster whose real name is null and void, by means of restoring the title of the registration. Therefore, a title truster, who has completed the ownership transfer registration under his/her own name with respect to
B. (See Supreme Court Decision 2002Da35157 delivered on September 6, 2002).
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