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(영문) 부산지방법원동부지원 2017.11.30 2016가단214676
소유권말소등기
Text

1. Defendant B is based on the termination of the security by means of transfer on February 21, 2003 with respect to the real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 10, 1998, the Plaintiff offered real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B as collateral for transfer while borrowing KRW 70 million from Defendant B, and completed the registration of ownership transfer to Defendant B.

B. On February 21, 2003, Defendant B demanded that the Plaintiff acquire ownership of the instant real estate while Defendant B received reimbursement of KRW 40 million on February 21, 2003, and the Plaintiff and Defendant B terminated the transfer security agreement on the instant real estate.

C. Defendant C, the Plaintiff, entered into a sales contract with Defendant B on January 20, 200 with respect to the instant real estate as KRW 113 million, and completed the registration of transfer of ownership on February 21, 2003 by paying KRW 8 million remaining after the settlement of collateral loans and lease deposit, etc.

[Ground of recognition] Unsatisfy, entry of evidence Nos. 1, 2, and 2 of evidence Nos. 1, 2, and 2, the purport of the whole pleadings

2. According to the facts of the above recognition of the claim against Defendant B, Defendant B owes a duty to complete the registration of ownership transfer on the instant real estate to the Plaintiff on the ground of the cancellation of the transfer security agreement as of February 21, 2003.

3. Claim against Defendant C

A. The plaintiff asserts that the real estate in this case was a title trust under a contract with the defendant C, and that the registration of transfer of ownership by the defendant C, which was completed in an invalid title trust agreement, is null and void.

In this regard, Defendant C asserts that the Plaintiff’s recommendation by the mother-child Plaintiff purchased the instant real estate in Busan from Defendant B, and that even if it was title trust as alleged by the Plaintiff, Defendant C completed the registration of ownership transfer and completed the acquisition by prescription for ten years.

B. In general, where only the name of the owner of real estate is entrusted to another person, the title truster, who is the actual owner, is the document certifying the relationship of rights, such as the registration certificate.

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