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(영문) 서울중앙지방법원 2020.07.06 2020가단5006651

소유권이전등기

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1. As to each real estate listed in the separate sheet to Defendant B, the Seoul Northern District Court shall register in the future of the F.

Reasons

1. The plaintiff's assertion

A. (1) On March 29, 2012, the Plaintiff and Defendant B, each of the real estate listed in the separate sheet from Defendant B (hereinafter “each of the instant real estate”).

(2) Defendant B agreed that Defendant B would complete the registration of ownership transfer of each of the instant real estate to F according to the title trust agreement between the Plaintiff and the Plaintiff’s father and the Plaintiff’s father. (2) Defendant B completed the registration of ownership transfer with respect to each of the instant real estate as the Seoul Northern District Court’s Dongdaemun District Court’s receipt No. 10123 on March 29, 2012.

B. The F died on January 2, 2018, and the heir is the Plaintiff, Defendant D, and E, who are the spouse.

C. Since a title trust agreement between the Plaintiff and F is null and void, the registration of ownership transfer in the name of trustee F with respect to each of the instant real estate is null and void.

Therefore, the Plaintiff, a truster, seeks the procedures for registration of cancellation of ownership transfer registration with respect to each of the above Defendants’ respective shares in the instant real estate against Defendant C, D, and E, the heir of the networkF, on behalf of the seller, in lieu of B, the seller. As such, the Defendants are obligated to comply with the procedures. Defendant B, a buyer, is obligated to implement the procedures for registration of ownership transfer with respect to each of the instant real estate.

2. Determination

A. Judgment on deemed confessions made by Defendant B (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

B. Defendants C, D, E, C, D, and E recognize all the Plaintiff’s arguments.

3. Thus, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.