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(영문) 대구지방법원포항지원 2017.12.27 2016가단102793

소유권이전등기말소 등

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1. The Defendant’s KRW 78,810,200 as well as 5% per annum from June 18, 2016 to December 27, 2017 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) With respect to the real estate Nos. 1 and 2 of this case alleged by the plaintiff 1 and 2, the deceased C sold the real estate Nos. 1 and 2 of this case to the defendant, who was the owner of the real estate Nos. 1 and 2 of this case, to avoid additional seizure from the Korea Mutual Saving and Finance Company (Seoul Mutual Savings and Finance Company) which was the mortgagee of this case. Since this constitutes a false conspiracy, it is null and void as it constitutes a false conspiracy, the plaintiff, a co-inheritors of the deceased C, seeking cancellation of the ownership transfer registration of the real estate Nos. 1 and 2 of this case against the defendant as preservation act, and on May 31, 2002, the deceased C, on Sep. 3, 2002, the registration of ownership transfer based on sale of the real estate No. 2 of this case, was completed on September 21, 2015, the deceased died on August 21, 2015, there is no evidence to acknowledge that the plaintiff's co-party No. 1 and 2 of this case's evidence.

B. As to the third real estate of this case, the Plaintiff’s assertion 1) concluded a title trust agreement with the Defendant and completed the registration of ownership preservation under the name of the Defendant. The above title trust agreement and the registration of ownership preservation completed under the name of the Defendant are the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

) Since the registration of ownership preservation is null and void pursuant to Article 4, it is sought against the Defendant for the cancellation of the registration of ownership preservation on the third real estate of this case (the Plaintiff’s assertion is unclear, and thus the claim for cancellation of ownership preservation based on ownership was made based on the invalidity of a title trust agreement