(영문) 대전지방법원 홍성지원 2021.03.26 2020가단308

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 홍성지원 2021.03.26 2020가단308

소유권이전등기

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Before subdivision, F. H. ownership was G owned with a field of 1815 square meters, F. H. on June 25, 2004: (a) ownership due to sale and purchase was completed on June 22, 2004; (b) on April 19, 2007, the ownership due to sale and purchase was completed on April 18, 2007 in the Defendant’s future; and (c) thereafter, on April 23, 2013, the ownership due to the sale and purchase was divided into KRW 1098 square meters (hereinafter “F”) and KRW 717 square meters (hereinafter “F”).

B. On August 30, 2013, the forest E, Hong-gun, Hongsung-gun, and 1289 square meters (hereinafter “instant two land”) owned I. On August 30, 2013, the ownership transferred on the ground of the exchange with F was completed on August 30, 2013.

[Ground for recognition] Unsatisfy, Gap evidence 4 No. 1, 2, 4, and 5, the purport of the whole pleadings

2. The parties' assertion

A. As to the land of this case, the Plaintiff requested the trust in the name of H with respect to the land of this case at the time, made a sales contract between H and G under the name of H, and completed the registration of transfer of ownership in the name of H, and the above registration in the name of H is valid.

After the plaintiff's request, H decided on April 19, 2007 to change the truster to the defendant, and completed the registration of transfer of ownership to the defendant.

Since there was a nominal trust agreement between H and the defendant, the agreement is null and void, and therefore, the registration of ownership transfer in the future of the defendant is null and void, H has the right to claim the registration of ownership transfer based on the real name recovery against the defendant.

On the other hand, the Plaintiff paid relevant expenses, such as the purchase price, in acquiring the instant land, and H was obligated to return the relevant expenses to unjust profits. On October 29, 2020, H transferred the right to claim for the registration of transfer of ownership from H to the Defendant on the ground of the restoration of the true title as to the instant land 1.

Therefore, the defendant shall restore the title of the land of this case to the plaintiff.

유사 판례

-서울서부지방법원 2015.01.22 2014가단25194

-대전지방법원홍성지원 2015.01.13 2012가단5278

-서울중앙지방법원 2020.09.15 2019가단5121202

-대구지방법원서부지원 2015.11.03 2014가단5283

-제주지방법원 2015.07.07 2015가단50452