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(영문) 대구지방법원 2015.05.12 2014가단124347

소유권이전등기

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1. The Defendants are the registration office of the Daegu District Court with respect to each of the 1/2 shares in the real estate listed in the separate sheet to Nonparty D.

Reasons

1. Basic facts

A. Defendant C and Defendant B were married on October 10, 201, and they lived in Sinpo City E from that time.

The plaintiff is the mother of defendant C.

B. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by Nonparty D. The registration of ownership transfer was completed due to the purchase and sale as of February 28, 2012 by the Daegu District Court No. 9251, Jan. 14, 2012, with the Defendants co-ownership (each 1/2 shares).

C. All of the matters pertaining to the sales contract on the instant real estate were conducted by the Plaintiff, and all of the sales price on the instant real estate was borne by the Plaintiff (or Nonparty F of the Plaintiff’s spouse). Various taxes related to the acquisition and ownership were borne by the Plaintiff, and currently borne by the Plaintiff.

With respect to the instant real estate, the instant real estate was entered into a lease agreement with Nonparty G, and Nonparty G resides in the instant real estate, and all matters related to the said lease agreement were performed by the Plaintiff.

The information on the registration of transfer of ownership and the notice on completion of registration (hereinafter referred to as the “registration certificate”) regarding the instant real estate are owned by the Plaintiff.

E. Defendant C and Defendant B are currently pending in divorce litigation.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 9 (including branch numbers), the purport of the whole pleadings

2. The plaintiff asserts that the transfer registration of ownership in this case was in accordance with the title trust agreement between the plaintiff and the defendants, and the defendant B asserts that the plaintiff donated the real estate in this case to the defendants.

(Defendant C does not dispute the Plaintiff’s assertion). 3. Judgment

A. In the case of so-called three-party registered title trust, a title trust agreement and registration based thereon are null and void, and as a result, the real estate held in title is returned to the seller, so the seller can seek cancellation of the registration under the name that is null and void to the title trustee.