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(영문) 대전지방법원서산지원 2017.10.18 2016가단55457

소유권이전등기

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1. The defendant shall register with the Daejeon District Court's Seosan Branch on the land of 8,382 square meters in Seosan-si, Seosan-si, and on November 12, 1998.

Reasons

1. Facts of recognition;

A. On July 14, 1998, the Plaintiff completed the registration of ownership transfer in the future of the Plaintiff with respect to C Forest land 8,382 square meters (hereinafter “instant land”).

B. The Plaintiff entered into a title trust agreement with the Defendant, his birth, and completed the ownership transfer registration under the Seosan Branch of the Daejeon District Court and the receipt No. 32659 on November 12, 1998 (hereinafter “instant ownership transfer registration”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the above facts, the title trust agreement between the Plaintiff and the Defendant with respect to the instant land is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the title transfer registration of this case made pursuant to an invalid title trust agreement is null and void pursuant to Article 4(2) of the said Act.

B. On November 30, 200, the defendant purchased the land of this case from the plaintiff on or around November 30, 200, and acquired the ownership of the land of this case since the title trust agreement between the plaintiff and the defendant terminated, and the ownership of the land of this case was acquired. In addition, since the defendant occupied the real estate of this case in good faith and public performance for ten years from the time of the purchase of the land of this case and without negligence without negligence, the ownership transfer registration of this case is a valid registration consistent with the substantive relations. However, since there is no evidence to acknowledge that the defendant purchased the land of this case from the plaintiff, the above assertion by the defendant on the premise of this cannot be accepted without any need to further examine the other points.

C. Therefore, the Defendant is obligated to implement the procedure for registration of cancellation of ownership transfer registration of this case, which is null and void, to the Plaintiff, who is the owner of this case.