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(영문) 광주지방법원순천지원 2019.03.27 2018가단78661
소유권이전등기
Text

1. With respect to 1,150 square meters in Jeonnam-gun, Jeonnam-gun:

A. Defendant B shall provide Defendant C with the Gwangju District Court’s net support.

Reasons

1. Facts of recognition;

A. On September 8, 1993, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff with respect to Daehan-gun 1,150 square meters (hereinafter “instant real estate”) pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

B. On January 27, 2003, Defendant C awarded the instant real estate in the procedure for compulsory auction of real estate E by this court and completed the registration of ownership transfer on July 26, 2003.

C. On June 29, 2017, the Plaintiff purchased the instant real estate from Defendant C at KRW 10 million in the purchase price. D.

On the other hand, the Plaintiff paid the above sales price to Defendant C, and immediately completed the registration of ownership transfer in the name of Defendant B (hereinafter “instant registration of ownership transfer”) under the name of Defendant B as the receipt of No. 6220 on July 2, 2007, which was the 200 registry office of the Gwangju District Court’s Netcheon-gu Branch Office, Busan District Court, without registering the name of the Plaintiff.

E. The Plaintiff is residing in the building on the ground of the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, Defendant C is obligated to implement the registration procedure for transfer of ownership on June 29, 2007 with respect to the instant real estate to the Plaintiff.

On the other hand, the title trust agreement on the ownership of real estate is null and void, and the ownership transfer registration under the title trust agreement is null and void.

Therefore, the above title trust agreement between the Plaintiff and the Defendant with respect to the instant real estate is null and void, and the registration of ownership transfer under Defendant B is null and void.

The plaintiff can exercise the right to claim the cancellation of ownership transfer registration against the defendant C in order to preserve the above right to claim the transfer registration of ownership against the defendant C. Thus, the defendant B is against the defendant C.

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