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(영문) 제주지방법원 2015.04.24 2014가단15605

소유권이전등기말소 등

Text

1. As to each real estate listed in the separate sheet:

A. Defendant B received on May 4, 2005 from the Jeju District Court to Defendant C.

Reasons

1. Examining the overall purport of the statements and arguments in Gap evidence Nos. 1 through 7 (including each number) as to the cause of the claim, each real estate listed in the separate sheet can be acknowledged that the real estate listed in the separate sheet was owned by defendant C, the plaintiff (designated parties, hereinafter "the plaintiff"), designated parties, and D jointly purchased each real estate listed in the separate sheet from defendant C in the amount of KRW 264 million from May 3, 2005. The plaintiff, designated parties, and D shall trust the ownership of each real estate listed in the separate sheet to the defendant Eul, and the defendant Eul completed each ownership transfer registration (hereinafter "registration of this case") under the name of the defendant Eul on May 4, 2005 with the receipt of the Jeju District Court No. 336788 of May 3, 2005.

According to the above facts, pursuant to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the above title trust agreement between the Plaintiff, the designated persons, and D and the Defendant B is null and void. Since any change in real rights to real estate made by the registration under the above title trust agreement is null and void, Defendant B has a duty to cancel the registration of this case completed with respect to each real estate listed in the attached list to Defendant C, and Defendant C has a duty to the Plaintiff and the designated persons to implement each of the registration procedures for the transfer of ownership as to each of 1/5 shares according to the sales agreement dated May

2. Conclusion, the plaintiff's claim of this case is justified and acceptable.