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(영문) 인천지방법원 2018.08.22 2017가단252467

소유권이전등기

Text

1. The plaintiff's action against the defendant B, C, D, E, F, and G shall be dismissed.

2. The plaintiff's claim against the defendant H is dismissed.

Reasons

1. Basic facts

A. On February 20, 2006, Defendant H purchased 1/2 shares of the real estate listed in the separate sheet No. 1 from Defendant H. 1. As of February 20, 2006, Defendant H made an interim omission title trust agreement between the third party to be registered in the name of Defendant H’s birth, and on February 22, 2006, Defendant B completed the registration of ownership transfer for 1/4 shares of the real estate listed in the separate sheet No. 1 in Defendant B’s name on May 8, 2009 (hereinafter “instant land”). Defendant B owned the ownership transfer for 1/4 shares of the real estate listed in the separate sheet No. 1 as of May 8, 2009, Defendant B completed the registration of ownership transfer for 1/4 shares among the real estate listed in the separate sheet No. 1 (hereinafter “instant land”).

3) On October 21, 2015, I died. The heir is Defendant D, E, F, and G, the wife, Defendant C, and Defendant H. B. The heir purchased L land from the Plaintiff and Defendant H on February 6, 2012, and J on October 20, 200 for inheritance by agreement and division (hereinafter “L land”). The registration of ownership transfer was completed with respect to each 1/2 of L out of the land due to inheritance by agreement and division (hereinafter “L”) on October 20, 200 between the Plaintiff and the Defendant H., and the Plaintiff purchased L from J and K, but did not complete the registration of ownership transfer.

2) On January 7, 2008, Defendant H purchased L land from the Plaintiff, and completed the registration of ownership transfer under the name of N on January 28, 2008, under which only part of the price of the above land was paid, pursuant to the title trust agreement. Defendant H prepared on February 6, 2012 a letter of waiver of real estate ownership (Evidence A 3-1) stating that Defendant H will transfer the ownership of the instant land to the Plaintiff, and the main contents thereof are as follows.

Defendant H, who purchased the L of Incheon Strengthening Group of Real Estate Ownership, made a title trust to N on the ground that it is a land transaction permission area.

Defendant H purchases the said real estate (L) from J and K as a site for electric power supply.