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(영문) 창원지방법원 2015.02.05 2014나32926

소유권말소등기

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 22, 1998, the Defendant completed the registration of ownership transfer based on the sale on April 27, 1998, with respect to Paragraph (1) real estate listed in the separate sheet from the network D, and completed the registration of ownership transfer based on the sale on April 22, 1998, with respect to Paragraph (2) real estate listed in the separate sheet from the network E. The Defendant completed the registration of ownership transfer based on the sale on April 27, 1998, and completed the registration of paragraph (3) on March 13, 200 on the real estate listed in the separate sheet from C. < Amended by Presidential Decree No. 16793, Mar. 15, 200>

B. The plaintiff and the defendant are children of the net F.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion 1) purchased the real estate indicated in the separate sheet No. 1 from D and paid the purchase price, and completed the registration of ownership transfer under the Defendant’s name. The Plaintiff’s assertion 1 purchased the real estate listed in the separate sheet No. 2 from E, and paid the purchase price, and completed the registration of ownership transfer under the Defendant’s name. The Plaintiff purchased the real estate listed in the separate sheet No. 3 from C, and completed the registration of ownership transfer under the Defendant’s name, and completed the registration of ownership transfer under the Defendant’s name. Therefore, each transfer registration completed under the Defendant’s name is null and void due to the title trust. As such, the Defendant is obligated to cancel the above transfer registration under the Defendant’s name to D’s heir, G’s heir, and C within the scope of the Plaintiff’s inheritance shares. The Defendant’s assertion 2) completed the registration of ownership transfer by granting the money to F to purchase each real estate listed in the separate sheet, even if the F would have expressed that all or part of the purchase price of the above real estate was F.