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(영문) 대구지방법원 2015.08.19 2014나303530
소유권이전등기말소 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Defendant C completed each of the registration of ownership transfer (hereinafter “each of the of the instant real estates”) with respect to each of the instant real estates listed in the separate sheet from Defendant D (hereinafter “each of the instant real estates”) on December 20, 2005 on the ground of sale on December 20, 2005, the Daegu District Court No. 88526, Dec. 30, 2005, which received on December 30, 2005.

B. The Plaintiff A is the wife of the deceased E (hereinafter “the deceased”), the Plaintiff B is the father of the deceased, and H is the father of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The deceased and the Defendants asserted that they were in title trust with the so-called three persons, or they concluded a title trust agreement between the deceased and the Defendant C (hereinafter “instant title trust agreement”), and they concluded a sales contract for each of the instant real estate and completed each of the instant registrations of ownership transfer in the name of Defendant C, under the knowledge of Defendant D.

Ultimately, the title trust agreement of this case is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the registration of ownership transfer of this case based on the title trust agreement of this case is null and void pursuant to the main sentence of Article 4(2) of the same Act. However, since the sales contract of each of the instant real estate between the deceased and the defendant D still remains valid, the defendant D is obligated to implement each of the registration procedures for ownership transfer of this case for each of the instant real estate to the plaintiffs, the heir who succeeded to the right to claim for the registration of ownership transfer of the deceased on December 20, 205. Upon the plaintiffs’ request by the defendant C subrogated, the defendant C is obligated to perform the registration procedure for cancellation of each ownership transfer

3. The so-called “title trust” in this case between the deceased and the defendant C concerning each of the instant real estate upon determining the existence of the title trust agreement.

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