logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.06.24 2014가단31617
소유권이전등기말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted by the parties, while purchasing each real estate listed in the separate sheet (hereinafter “instant real estate”) from Nonparty D to the Plaintiff, concluded a title trust agreement with the Defendants, and completed the registration of ownership transfer with respect to the instant real estate. Since the ownership transfer registration in the name of the Defendants becomes invalid in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the registration in the name of the Defendants

As to this, the Defendants asserted that the instant real estate was purchased from Nonparty D after it was purchased by Nonparty D with the Plaintiff, and that it was valid since it was completed the registration of ownership transfer in the name of the Defendants through an agreement on the omission of intermediate registration between the Plaintiff, Nonparty D, and the Defendants.

2. We examine whether there was a two-party title trust agreement between Nonparty D and the Defendants, or whether there was a sales contract between Nonparty D and the Defendants on the instant real estate, and whether there was an agreement between the Plaintiff, Nonparty D and the Defendants on the omission of intermediate registration.

The following circumstances, which are, the Plaintiff and Nonparty D concluded a sales contract on February 9, 201 with respect to the instant real estate on the same day, and Nonparty D paid to the Plaintiff KRW 5 million on March 14, 201, and KRW 20 million on March 3, 201. Nonparty D recommended the Defendants to purchase the instant real estate as part of the purchase price, and the Defendants recommended the Defendants to purchase the instant real estate on February 2, 2011 with 1/2 shares, and the Plaintiff signed a sales contract on February 9, 201 with their personal seal impression affixed to a certified judicial scrivener office on the column of the seller of the real estate in which the purchaser was public.

arrow