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(영문) 제주지방법원 2019.07.17 2017나12134

소유권말소등기

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Each of the real estate listed in the separate sheet 1 and 2 was owned by C (hereinafter “C”) and the registration of ownership transfer was completed in D’s name on March 21, 2012 due to the sale as of February 23, 2012, and the real estate listed in the separate sheet 3 was owned by E, and the registration of ownership transfer was completed in D’s name on the same day as of April 30, 2014.

(hereinafter referred to as “instant land and buildings”) real estate listed in [Attachment 1-3]. B.

After that, the Jeju District Court Seopopo District Court's Seopo District Court's receipt of September 30, 2014 (No. 47535) completed the registration of ownership transfer in the name of the defendant as to the land and building of this case.

(hereinafter “instant transfer registration”). C.

Attached Form

On December 24, 2014, the registration of ownership preservation was completed in the name of the defendant on the real estate listed in the list 4 (hereinafter referred to as the "house of this case").

[Reasons for Recognition] Facts without dispute, Gap 5, 6 evidence, Eul 29 evidence (including each number), the purport of the whole pleadings

2. The plaintiff's assertion as to the cause of claim

A. As to the instant land and building, the Plaintiff, as the primary cause of claim, purchased each real estate listed in the separate sheet 1 and 2 from C, and the real estate listed in the separate sheet 3 from E among the instant land and building, but concluded a title trust agreement with D on the instant land and building and completed the registration of ownership transfer in the name of D immediately from the seller.

After that, the Plaintiff concluded a title trust agreement with the Defendant on the instant land and building, and completed the registration of ownership transfer from D.

However, since each title trust agreement that the Plaintiff concluded with D and the Defendant concluded with each of the instant land and buildings is null and void, and ownership of the instant land and buildings is still owned by C and E, C and E, the owner, can seek procedures for the cancellation of ownership transfer registration to the Defendant

On the other hand, the plaintiff, C, and E are valid, and the plaintiff is based on the sales contract for C and E.