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(영문) 대전지방법원공주지원 2016.11.03 2016가단157

소유권이전등기

Text

1. The Defendant (Counterclaim Plaintiff) shall recover the real name of each real estate stated in the separate sheet from the Plaintiff (Counterclaim Defendant).

Reasons

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer based on the restoration of real name on June 19, 2006 and the registration of ownership transfer on April 1, 2013 as to the real estate stated in paragraph (3) of the attached Table, which was recorded in the attached Table No. 2, 32,430 square meters of forest land in Cheongyang-gun, Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do, and the real estate

B. The Plaintiff shall decide to title trust each of the real estate listed in the foregoing paragraph with D, and completed each registration of transfer of ownership on the real estate listed in paragraph (3) of the attached Table on November 19, 2010, as to the real estate listed in paragraph (2) of the attached Table, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and the real estate listed in paragraph (2) of the attached Table prior to subdivision on November 22, 2010, based on sale as of November 19, 2010. < Amended by Presidential Decree No. 24270, Apr. 1, 2013>

C. Around August 2013, the Plaintiff entered into a title trust agreement with the Defendant on each real estate indicated in the attached Tables 2 and 32,430 square meters of land C, Cheongyang-gun, Chungcheongnam-do, Chungcheongnam-do, and the attached Tables 2 and 2 and 3, and had D complete the registration of ownership transfer for each of the said real estate on August 28, 2013 (the registration of ownership transfer in the Defendant’s name collectively referred to as the “instant ownership transfer”).

On October 2, 2013, C Forest land 32,430 square meters in Chungcheongnam-gun, Chungcheongnamyang-gun, Chungcheongnam-gun, Chungcheongnam-do was divided into the real estate indicated in paragraph (4) of the attached Table and the real estate indicated in paragraph (4) of the attached Table. On September 17, 2014, C Forest land 27,854 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do was divided into the real estate listed in paragraph (1) of the attached Table of the attached Table and the real estate of 4,876 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-

Between September 22, 2014 and September 23, 2014, land category was changed and real estate listed in paragraph (5) of the attached Table was registered.

E. On July 31, 2015, the Plaintiff determined that the seller, the purchaser, and the total sales amount of the instant real estate to recover the title of the ownership of the instant real estate between the Defendant and the Defendant shall be “no borrowed name (if any),” and the grounds for the registration of title trust shall be deemed a title trust.