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(영문) 서울고등법원 2016.03.10 2015나2015618

소유권말소등기

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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. 1) The Plaintiff and the husband of the first instance court joint Plaintiff B, F, G, H, and I (hereinafter “Plaintiff, etc.”) are the husband of the Plaintiff and the first instance court joint Plaintiff B.

(3) On March 8, 2008, J rendered a judgment on March 8, 2008, the title trust real estate of this case is the title trust real estate of this case, the title trust real estate of this case, the title trust real estate of this case, the title trust real estate of this case, the title trust real estate of this case,

(1) On March 9, 2012, K 4,155 square meters in Gwangju-si divided into 3,85 square meters in K, 70 square meters in O, and 230 square meters in P. (2) on May 25, 2012, K 3,85 square meters in K 364 square meters in L, and 836 square meters in M, and 5,055 square meters in K 5,05 square meters in lots. (3) Following the subdivision of five thousand square meters in K 5,05 square meters in lots, each real estate listed in Q 234 square meters in Q 34 square meters in R, 346 square meters in annexed list became real estate again. (2) The Plaintiff et al. entered into a sales contract with N, a qualification certificate for acquisition of real estate transactions, upon request by the Plaintiff et al.

Accordingly, the Plaintiff et al. concluded a title trust agreement with Defendant E, who is the spouse of N on June 20, 2008, and completed the registration of each of the instant title trust real estate under the name of Defendant E from the J as to the Suwon District Court’s Sung-nam Gwangju District Court’s receipt of June 20, 2008.

B. Around August 201, 201, N entered into a secondary sales contract and its implementation 1) and around August 201, N received proposals for sale of the instant real estate held in title trust, and N made a consultation with the Plaintiff, etc. except F, through several times, and obtained consent to the sales contract. (ii) Defendant E entered into a sales contract on January 18, 201 to sell the instant real estate held in title trust amounting to KRW 3.24 billion to 1 other than T and 5 U (hereinafter collectively referred to as “U, etc.”), and U, etc. paid the down payment of KRW 40 million to Defendant E’s account on January 19, 2012.

3 Defendant E transferred the down payment amount of KRW 400 million to the Plaintiff’s V account, which is the branch in accordance with an agreement with the Plaintiff, etc., and B.