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(영문) 서울중앙지방법원 2019.01.23 2018나20018

소유권이전등기 등

Text

1. Revocation of the first instance judgment between the Plaintiff and the Defendants.

2. The primary defendant D shall be as listed in the separate sheet to B.

Reasons

[Plaintiff, while filing an appeal, stated only the part concerning the Plaintiff’s primary claim against Defendant D among the judgment of the court of first instance, which seems to have been cited in the part concerning the Plaintiff’s primary claim against Defendant C at the court of first instance. However, as long as the Plaintiff appealed as to the primary claim against Defendant D among the judgment of the court of first instance, the part concerning the Plaintiff’s primary claim against Defendant C among the judgment of the court of first instance is also subject to the judgment of first instance.]

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the first instance (1. 1.). Thus, this part of the reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim against Defendant D

A. (i) The main point of the party's assertion and the reason why this court shall explain this part of the judgment of the court of first instance is that of the corresponding part of the reasoning of the judgment of the court of first instance.

가. 주장) 기재와 같으므로 민사소송법 제420조 본문에 의하여 이를 그대로 인용한다. ⑵ 피고 D ㈎ 피고 D은 피고 C과 사이에 별지 목록 기재 각 부동산(이하 ‘이 사건 부동산’이라고 한다

2) As to the contract of sale and purchase (hereinafter “instant contract of sale and purchase”)

2) The Real Estate Real Name Act (hereinafter “Real Estate Real Name Act”) provides that “The Act on the Registration of Real Estate under Actual Titleholder’s Name shall apply to the registration of Real Estate Real Name.

Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (Effect of Title Trust Agreement)

(2) Any change in any real right to real estate made by registration under the title trust agreement shall be null and void.

Provided, That the same shall not apply where a title trustee becomes one of the parties in a contract for acquiring a real right to real estate and the other party was unaware of the fact that a title trust agreement exists.

(3) The invalidation under paragraphs (1) and (2) shall be made to a third party.