소유권말소등기
1. As to each real estate listed in the separate sheet to the Plaintiff:
A. Defendant B is the Head of Suwon District Court and the Head of Suwon District Court Registry on August 2008.
1. Basic facts
A. The Plaintiff and Defendant B are mother and child relations, and Defendant D is the father and mother of Defendant B’s wife.
B. On June 3, 2008, the Plaintiff prepared a sales contract with Defendant C with the content that each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by Defendant C shall be KRW 250 million for the buyer’s purchase price as stated in the separate sheet (hereinafter “each of the instant real estate”).
(hereinafter referred to as the “instant sales contract”). (C)
As to each real estate of this case, the registration of ownership transfer under No. 26422 (hereinafter “registration of this case”) was completed on August 19, 2008 by the head of Suwon District Court, the head of Suwon District Court, the registration office of the principal of this case, which was based on the sales contract of this case.
On September 27, 2017, the provisional registration of ownership transfer claim under No. 24761 of the receipt of September 28, 2017 (hereinafter “provisional registration of this case”) was completed on September 28, 201 by making Defendant D as the person entitled to the provisional registration of this case as the person entitled to the provisional registration.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (if there is a satisfy number, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to claims against Defendant B and C
A. The gist of the parties’ assertion 1) The Plaintiff concluded a title trust agreement with Defendant B, who is the Plaintiff, and purchased each of the instant real estate from Defendant C, and conducted a title trust agreement with Defendant B only for the registration title. The above title trust agreement and the instant registration are null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name. Accordingly, the Plaintiff may seek cancellation of the instant registration in subrogation of Defendant C in order to preserve the right to claim ownership transfer registration of each of the instant real estate held against Defendant C. The Defendant C is obliged to implement the procedure for ownership transfer registration based on the instant sales contract to the Plaintiff.2)