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(영문) 서울고등법원(춘천) 2020.07.15 2019나50395
소유권이전등기말소등 청구의 소
Text

1. Revocation of the first instance judgment.

2. As to shares of 1/2 of the real estate listed in Schedule 2:

A. Defendant F shall be.

Reasons

1. Basic facts

(a) The net G and Defendant F are people who were aware of while serving as railroad officials and who were in a friendship;

B. On February 14, 1986, the deceased H completed the registration of transfer of ownership in the name of Defendant F on the ground of the sale as of February 14, 1986, No. 1481, which was received on February 14, 1986, with respect to the instant real estate (hereinafter collectively referred to as the “instant registration”).

C. On February 9, 1992, the network H succeeded to the rights and obligations of the network H by shares listed in the attachment No. 4 inheritance shares.

The network G died on May 14, 2013, and the plaintiffs succeeded to the rights and obligations of the network G for each share in attached Form 3 inheritance shares.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers; hereinafter the same shall apply) and the party examination result in the first instance court with respect to defendant F, the purport of the whole pleadings

2. The parties' assertion

A. On January 11, 1986, the Plaintiff’s primary claim G and Defendant F shared purchase of the instant real estate from the deceased H with one half of the purchase price borne by the Plaintiff’s primary claim G and Defendant F. In view of the convenience of sale after the network G held that one-half of the instant real estate owned by the Defendant F was trusted in trust, and accordingly, the registration of the instant real estate was completed in the name of Defendant F, respectively, on February 14, 1986.

This is so-called three multilateral title trust, and the title trust agreement between the deceased G and Defendant F and the transfer of ownership in Defendant F with respect to the one-half share of the instant real estate is null and void. As such, the 1/2 share of the instant real estate is still owned by Defendant E and the designated parties, the seller’s heir of the deceased H, respectively.

Therefore, Defendant E and the designated parties, the seller’s heir of the network H, are the plaintiffs, the buyer, according to the above sales contract, as to the 1/2 share of the instant real estate, according to the ratio of their respective inheritance shares.

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