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(영문) 서울중앙지방법원 2019.01.10 2017가단5070263

소유권이전등기

Text

1. Defendant C:

A. As to the land indicated in the attached list, the Seoul Central District Court's intermediate registry office of the Seoul Central District Court.

Reasons

1. Facts of recognition;

(a) the following:

Before the port sale contract, each transfer registration of ownership was completed in the name of E, F, G, H, and I among the Ddong stores listed in the attached list, and in the name of J, K has been completed in the name of J.

L managed the commercial buildings owned by J families, including each of the above commercial buildings by J's employees.

B. On July 3, 1986, J and Defendant B concluded a sales contract for six debentures of the Plaintiff and Ddong store E, F, K, G, H, and I store through L.

(2) The Plaintiff paid KRW 270,000,000 to the Plaintiff via L. The Plaintiff paid KRW 270,000 to the Plaintiff.

C. At the request of the Plaintiff via L, J and Defendant B completed the registration of ownership transfer under the name of E, F, K under the name of Plaintiff C, Plaintiff C, Plaintiff N, and H and I, respectively.

(hereinafter referred to as “instant store”). On March 10, 1997, the registration of transfer of ownership under the name of Plaintiff Yong-Nam Nam, with respect to the title E and F, shall be completed, and the provisional registration of transfer of ownership shall be completed in the name of Plaintiff on the same day.

[Evidence] Facts without dispute, A1 through 13, 15, 16, 17, 21 through 26, 37, 57, 58, witness B, L’s testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary assertion was that the Plaintiff concluded a sales contract with Defendant B on the instant store, and concluded a title trust agreement with Defendant C, and immediately completed the registration of ownership transfer under Defendant C’s name.

It is so-called three-party title trust relationship.

Preliminaryly, the transfer registration of ownership in the name of Defendant C is invalid when the certificate of sale is forged and completed.

B. Defendant C’s assertion did not constitute a title trust agreement with the Plaintiff regarding the instant store.

Even if a title trust agreement is recognized, it cannot be deemed that it is a so-called three-party title trust relationship.

3. Determination

A. Legal principles generally apply to real estate.