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Reasons
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(영문) 서울고등법원 2017.02.10 2016나2027915
손해배상
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1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The plaintiffs.

Reasons

1. Case summary

A. On March 17, 2010, the deceased on June 4, 2016, the deceased on the part of his father who died in New York State, died on June 4, 2016.

Accordingly, the plaintiffs, who are the heir (child) of the deceased A, taken over the lawsuit.

B. Defendant B, on November 15, 2006, married with the network D in New York on April 1, 2010, is a person who completed the report of marriage with the deceased on April 1, 2010, and Defendant C church (hereinafter “Defendant church”) is a church in which Defendant B is a representative pastor.

C. On October 27, 1971, the network D completed the registration of ownership transfer based on the sale on October 21, 1971 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”). On February 29, 2012, the Defendant church completed the registration of ownership transfer based on the donation on January 10, 2010 (hereinafter “instant registration of ownership transfer”).

[Ground of Recognition] Facts without dispute, Gap 8 to 10, and 13 (including paper numbers)

2. Summary of the cause of the claim;

A. (1) In the course of purchasing the instant real estate from the seller (E) in 1971, the intermediate omission-type title trust network A entered into a title trust agreement with the intermediate omission-type registration type, which was completed in the name of the network D (or, the network A entered into a title trust agreement with the network D, and the seller was also aware of such agreement.

A) As such, the registration of ownership transfer in the name of the deceased D with respect to the instant real estate is null and void based on an invalid title trust agreement, and the deceased A still has the right to claim ownership transfer registration with respect to the instant real estate against E. However, compensation for damages, led by the Defendant B, who was aware of such title trust, the seller’s obligation to transfer ownership to the deceased E due to the instant transfer of ownership led by the Defendant B, became impossible, or the deceased A lost an opportunity to secure ownership in the instant real estate.

① The ownership transfer registration of this case is registered.

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