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(영문) 광주지방법원 2017.03.28 2016가단521612
소유권이전등기
Text

1. Defendant C shall recover from Defendant B the true registration name with respect to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On May 1, 2004, the Plaintiff purchased the real estate listed in the separate sheet No. 2 from Defendant B on May 1, 2004, and on April 6, 2005, the real estate listed in the separate sheet No. 1 (hereinafter referred to as “each of the instant real estate”) from Defendant B, and paid the sales price in full.

(hereinafter referred to as “instant sales contract” between the Plaintiff and the Defendant B

Attached Form

With respect to the real estate listed in the list No. 2, the ownership transfer registration based on the sale on May 1, 2004 under the name of the network D on June 22, 2004 was completed for the real estate listed in the attached list No. 1, and the ownership transfer registration based on the sale on April 6, 2005 under the name of the network D on April 11, 2005 was completed for the real estate listed in the attached list No. 2, and the ownership transfer registration based on the sale on March 30, 2010 was completed for each of the instant real estate under the Defendant C’s name on April 14, 2010.

C. The Plaintiff and Defendant C are legally married in the marital relationship, and currently in the divorce lawsuit with the Gwangju Family Court 2015dan31125, and the network D is the father of the Plaintiff, and died around March 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including virtual number), the purport of the whole pleadings

2. The Plaintiff’s assertion purchased each of the instant real estate from Defendant B, and made a title trust (three-party title trust) to the network D.

Since the above title trust agreement is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the registration under the agreement is also null and void, the registration of ownership transfer in Defendant C based on the agreement is also null and void.

Therefore, as to each real estate of this case, Defendant C is obligated to implement the registration procedure for ownership transfer for the reason of real name recovery, and Defendant B, the seller of the sales contract of this case, is obligated to implement the registration procedure for ownership transfer for the reason of sale to the Plaintiff, the buyer.

3. Determination as to the cause of action

A. As to the claim against Defendant C

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