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(영문) 광주지방법원 2016.07.12 2015가단528333
소유권이전등기말소등기절차이행 등
Text

1. The plaintiff's action against the defendant B and C shall be dismissed.

2. The plaintiff's claim against the defendant D is dismissed.

3...

Reasons

1. Basic facts

A. On October 15, 2007, Defendant B was married with the deceased F (the deceased on August 12, 2015, hereinafter “the deceased”) and Defendant C was a child born between Defendant B and the deceased.

B. Defendant B and the Deceased completed the registration of ownership transfer on the real estate listed in the separate sheet from Defendant D (hereinafter “instant real estate”) on August 11, 2007 by means of sale and purchase on August 11, 2007, the Gwangju District Court’s registration office No. 174027, Oct. 1, 2007, respectively.

C. The Deceased died on August 12, 2015. As the Deceased died, Defendant B and C inherited one-half shares of the Deceased on the instant real estate, and accordingly, on October 30, 2015, one-half shares of the Deceased were transferred to Defendant B (3/10 shares) and C (2/10 shares) on the ground of inheritance as of August 12, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (if available, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. On October 15, 2007, the deceased and the defendant B, who are the Plaintiff’s ancillary to the Plaintiff’s assertion, married on October 15, 2007. The Plaintiff purchased a house in which the Defendants B and B, and the deceased live, as part of the reteke, and entered into a so-called three-party registered title trust agreement between the Defendant B and the deceased (hereinafter “instant title trust agreement”).

In light of the fact that the Plaintiff assumed the sales price of the instant real estate and the registration fee following the purchase of the instant real estate, and the Plaintiff was in custody of the registration certificate of the instant real estate after the conclusion of the sales contract, it can be sufficiently known that there was a title trust agreement in the instant case. Accordingly, the Plaintiff concluded a sales contract on the instant real estate with Defendant D and completed the registration of ownership transfer in the name of Defendant B and the Deceased.

Ultimately, the instant title trust agreement is registered in the name of the actual right holder of the real estate.

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