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(영문) 수원지방법원 여주지원 2017.02.07 2016가단51219

소유권이전등기

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1. The part of the plaintiff's lawsuit against the defendant B is dismissed.

2. Defendant C, D, E, and F shall be Gyeonggi-gu to the Plaintiff.

Reasons

1. According to the overall purport of the statements and arguments by Gap evidence Nos. 4-1 and 2, as to forest land G 21223 square meters (hereinafter "the real estate of this case"), Suwon District Court Yangyang-si, Yangyang-si, as to the real estate of this case (hereinafter "the real estate of this case") was received on April 17, 1997 by Defendant C, D, E, and F's father H, who was his father, had completed the registration of ownership transfer due to sale on March 27, 1997 (hereinafter "the registration of ownership transfer of this case").

2. Judgment on the plaintiff's assertion

A. On October 8, 1996, Plaintiff’s assertion and Plaintiff’s husband non-party I purchased the instant real estate from deceased H with KRW 115,20,000, and concluded a title trust agreement with Defendant B and accordingly, the instant ownership transfer registration was completed in the future of Defendant B.

This is a three-party title trust, and the title trust agreement and registration are null and void in accordance with Article 4, Section 1, Section 2 of the Act on the Registration of Real Estate under Actual Titleholder's Name.

Therefore, the real estate of this case is still owned by the seller, and the above sales contract between the plaintiff and the deceased H is still valid.

Therefore, in order to seek the performance of the procedure for the transfer registration of ownership based on the above sales contract against Defendant C, D, E, and F, and to preserve the right to claim the transfer registration of ownership based on the above sales contract against Defendant B who is the title trustee, the Plaintiff sought the cancellation of the transfer registration of ownership in subrogation of Defendant C, D, E, and F, the seller’s heir.

B. Determination 1 on claims against Defendant C, D, E, and F, and the Plaintiff’s husband Nonparty I purchased the instant real estate from the deceased H on October 8, 1996 with KRW 115,20,000,00, and the deceased on May 31, 2010. The deceased on May 31, 2010, the heir was the Plaintiff, his child, J, K, and L, and the heir agreed to transfer the deceased’s share on the instant real estate to the Plaintiff.