(영문) 춘천지방법원영월지원 2017.11.29 2015가단57

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(영문) 춘천지방법원영월지원 2017.11.29 2015가단57

소유권이전등기말소

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1. The plaintiff's lawsuit against defendant D and E shall be dismissed.

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

3...

Reasons

Basic Facts

On March 9, 2005, the registration of ownership transfer was completed in the name of Defendant D, who is the Plaintiff’s children on March 9, 2005, and on March 16, 2006, the registration of ownership transfer was completed in the name of Defendant E, his father, and on February 28, 2008, the registration of ownership transfer was completed in the name of Defendant D on February 28, 2008.

A sales contract drawn up on December 13, 2004 (hereinafter “instant sales contract”) drafted by Defendant B at the time of the registration of ownership transfer to Defendant B, with the purport that the instant real estate and HH I owned by G is sold at KRW 30 million,000,000, and the seller column entered Defendant B and the buyer column.

[Ground of recognition] The facts without dispute, Gap 1, 2, 3, 5, 7, 8, and 10 certificates (including virtual numbers; hereinafter the same shall apply) are written, and the purport of the whole pleadings is as follows: the plaintiff purchased the real estate of this case from defendant Eul and completed the registration of transfer of ownership under defendant D's name.

Since then, the transfer of ownership to Defendant E and Defendant D is also based on the title trust.

Such registration of transfer of ownership under Defendant D and E is null and void due to a three-party registered title trust agreement and registration made pursuant thereto.

Even if it is not a three-party registered title trust, it shall be deemed a contract title trust. The title trust agreement is also null and void, and it is also null and void because the seller knew that it is a title trust by Defendant B.

Therefore, since the instant real estate is still owned by Defendant B, the Plaintiff, the seller, can seek the implementation of the procedure for the registration of ownership transfer of the instant real estate due to the instant sales contract, and further seek the cancellation of the registration of ownership transfer in the name of Defendant B, Defendant D, and E in subrogation of Defendants B, and E in order to preserve the right to claim the registration of ownership transfer.

Judgment

Any person who enters into a contract.

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