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(영문) 수원지방법원 2018.02.14 2017가단509665

소유권이전등기

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is C's shot.

B. The real estate listed in the separate sheet (hereinafter “instant real estate”) was owned by D. On May 1, 2013, the registration of ownership transfer was completed in the Defendant’s future on May 31, 2013 as the Suwon District Court/U.S. Registry No. 65065, May 31, 2013.

(hereinafter referred to as "registration of transfer of ownership in this case"). 【The ground for recognition: the fact that there is no dispute, each entry of Gap evidence Nos. 2 and 4 (including numbers, if any) and the purport of the whole pleadings】

2. The assertion and judgment

A. The Plaintiff’s assertion (i.e., the Plaintiff has a claim against C for acquisition.

Luxembourg purchased the instant real estate from D, and completed the registration of transfer of ownership in the name of the Defendant, under title trust, to the Defendant, who saw-in.

Secondly, the registration of transfer of ownership in the name of the defendant is made through a three-party registered title trust, and is null and void by the relevant law, and the sales contract between C and D is still valid.

x) Accordingly, the Defendant is obligated to implement the procedure for the registration of cancellation of ownership transfer registration of this case with respect to the real estate of this case, and D is obligated to implement the procedure for ownership transfer registration due to sale to C.

(v) Accordingly, the Plaintiff shall exercise the right to claim for the transfer of ownership against C with respect to the preserved claim against C, in subrogation of the right to claim for the cancellation of the registration of transfer of ownership against D in sequence.

⑹ 따라서 피고는 C에게 이 사건 부동산에 관하여 소유권이전등기절차를 이행할 의무가 있다.

B. (i) In the obligee’s subrogation lawsuit, where the obligee’s right to the obligor to be preserved by subrogation is not acknowledged, the obligee becomes the Plaintiff and becomes the Plaintiff and becomes the Plaintiff’s right to the third obligor, and thus, the subrogation lawsuit is unlawful.