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(영문) 춘천지방법원 2020.08.18 2019가단56629
소유권이전등기 등
Text

Attached Form

For real property listed in the list:

A. Defendant (Counterclaim Plaintiff) B is the District Court on August 22, 2001 to Defendant C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 21, 2001, the Plaintiff purchased real estate listed in the separate sheet from Defendant C (hereinafter “instant real estate”) and paid the purchase price in full.

(hereinafter “instant sales contract”). B.

With respect to the instant real estate on August 21, 2001, the registration of transfer of ownership in the name of the Defendant B (hereinafter “the registration of transfer of ownership”) was completed as of August 22, 2001 by the Chuncheon District Court No. 5157, which was received on August 22, 2001.

C. The instant real estate is currently possessed by Defendant B.

【Ground for recognition】 The facts without dispute, Gap evidence 1-1, 2-2, and Gap evidence 2, and the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion (1) : The Plaintiff purchased the instant real estate from Defendant C, and thereafter held the title trust in the name of Defendant B, the birth of the instant real estate. The Plaintiff recently demanded Defendant B to deliver the instant real estate by marriage, but Defendant B rejected this.

Since the ownership transfer registration of this case was made based on a three-party title trust agreement, it is null and void, and the sales contract of this case between the plaintiff and defendant C is still valid

Therefore, Defendant B is obligated to cancel the registration of transfer of ownership of this case to Defendant C, and Defendant C is obligated to implement the procedure for registration of transfer of ownership of this case to the Plaintiff.

In addition, Defendant B is obligated to deliver the instant real estate to the Plaintiff.

(2) Defendant B: The process of completing the registration of transfer of ownership in Defendant B’s name regarding the instant real estate in relation to the counterclaim is sufficient to follow the three-party title trust agreement, such as the Plaintiff’s assertion.

However, when Defendant B, who is a birth, was discharged from active service and married, the Plaintiff donated the instant real estate to Defendant B while residing in the instant real estate.

Defendant B shall be a director of the instant real estate around May 2003 and shall be on May 2018.

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