logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2019.11.14 2019나22013
소유권이전등기
Text

1. Of the judgment of the first instance court, the procedure for the registration of ownership transfer concerning the real estate stated in paragraph 3 of the attached Table 1 to the defendant C.

Reasons

1. The reasons why this Court uses this part of the basic facts are as stated in Section 1. of the reasoning of the judgment of the court of first instance, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the plaintiff's assertion

A. Part 1 of the claim for the execution of the registration procedure against the Defendants is that the Plaintiff and the partnership of the Plaintiff and the Defendant B as its members acquired the instant building in original condition. Since the ownership transfer registration completed under the name of the Defendant C on December 15, 2015 with respect to the instant building No. 1 is null and void because it is based on the title trust registration, Defendant C is liable to implement the registration procedure for ownership transfer registration for the reason of the restoration of the real name in the name of the Plaintiff and the Defendant B. 2) The real estate listed in attached Table 1 List 1 List 3 (hereinafter “instant building”) was newly constructed as the Plaintiff and the Defendant B’s partner, and the Defendant C had completed the registration for ownership transfer under the name of the Plaintiff and the Defendant C company as its members. The instant building No. 2 had the obligation to implement the registration for ownership transfer under the name of the Plaintiff and the Defendant C company as to the instant building.

3. The real estate listed in the separate sheet No. 2 list is the land acquired by the Plaintiff and Defendant B as the partner deposit, and the Plaintiff and Defendant B jointly own. Defendant B completed the registration of ownership transfer under the name of the joint Defendant E of the first instance trial, his/her father, on September 7, 201, with respect to the real estate listed in the separate sheet No. 2 list, and the above E completed the registration of ownership transfer on December 28, 2017.

The registration of transfer of ownership in the name of co-defendant E in the first instance trial on the real estate stated in the attached list 2 and the registration of transfer of ownership in the name of defendant C company on the above land is null and void because it is based on the title trust.

arrow