beta
(영문) 인천지방법원 2019.11.28 2019가단217512

소유권말소등기

Text

1. On April 10, 2018, the Defendant received the registration office of the Incheon District Court on the real estate stated in the attached list from the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 15, 2018, the Plaintiff concluded a sales contract with C to sell a building listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) to C for KRW 190,000,000.

B. On April 10, 2018, the Plaintiff received KRW 10,000,000 from C on the date of the conclusion of the above sales contract, and completed the registration of ownership transfer under the name of the Defendant under the receipt of the registration office of the Incheon District Court on April 10, 2018.

[Evidence] Facts without dispute, entry of Gap evidence 1 to 4, the purport of the whole pleadings

2. According to the above facts, since the transfer registration of ownership in this case made by the Plaintiff in the future in the Defendant after selling the building in this case to C is deemed to be in accordance with the title trust agreement between C and the Defendant, it shall be deemed null and void pursuant to the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Accordingly, the Defendant is obliged to implement the procedure for the cancellation registration of transfer of ownership completed on April 10, 2018 by the Incheon District Court’s receipt of the registration office of the Incheon District Court,

3. The plaintiff's claim for the conclusion is justified, and this is accepted.