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(영문) 수원지방법원여주지원 2019.04.24 2018가단53882

소유권말소등기

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1. Defendant B, D, E, and F are the Suwon District Court with respect to each of the 1/4 shares in the real estate listed in the separate sheet to Defendant H.

Reasons

1. On July 11, 2016, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant H on July 11, 2016, and completed the ownership transfer registration listed in paragraph (1) of the I’s order (hereinafter “instant transfer registration”) according to the title trust agreement.

The above title trust agreement and the instant registration of transfer are null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the sales contract between the Plaintiff and Defendant H is valid.

Therefore, the Plaintiff seeks implementation of the procedure for registration of cancellation of the instant transfer registration with respect to the portion of 1/4 of the inheritance shares of the instant real estate among Defendant B, D, E, and F, the heir of Defendant I on behalf of Defendant H, and sought the implementation of the procedure for registration of transfer of ownership based on the said sales contract against Defendant H.

2. Defendant D, E, and F led to the confession of all the Plaintiff’s assertion.

Defendant B and H did not submit a written answer even after receiving a duplicate of each complaint, and did not appear on the date of pleading, it is deemed that all the allegations of the Plaintiff were led to confession pursuant to Article 150 of the Civil Procedure Act.

Therefore, Defendant B, D, E, and F are obligated to perform the registration procedure for cancellation of the instant transfer registration completed with respect to each one-fourth share of the instant real estate among the instant real estate, and Defendant H is obligated to implement the registration procedure for ownership transfer registration for the instant real estate to the Plaintiff on July 11, 2016.

3. In conclusion, each claim against the Defendants against the Plaintiff is justified, and it is so decided as per Disposition.