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(영문) 수원지방법원여주지원 2016.12.20 2016가단50629
소유권말소등기
Text

1. Of the instant lawsuit, the part of the claim against Defendant B and C shall be dismissed.

2. The plaintiff's claim against defendant D and E.

Reasons

1. Basic facts

A. Defendant C completed the registration of ownership transfer on October 4, 200 with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by the networkF as the Suwon District Court Yangyang-si Office of Registration of the Ownership of the Real Estate (No. 23343, Oct. 4, 200.

B. Defendant C completed the registration of transfer of ownership on the ground of sale on March 2, 2004 as the receipt No. 7913 on March 2, 2004 with respect to each of the instant real property by the Suwon District Court Yang Jong-si Office.

C. Defendant D and E are their successors as children of the network F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-1 to 4, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion, Defendant C, and Nonparty G purchased each of the instant real estate from the Network F on April 3, 1997 at KRW 80,00,000.

Since then, the Plaintiff, the husband of Defendant C, Nonparty H, and Nonparty G agreed with Defendant C to complete the registration of ownership transfer of each of the instant real estate in the name of Defendant C, and to acquire ownership again. Accordingly, the registration of ownership transfer was completed in the name of Defendant C with respect to each of the instant real estate.

The title trust agreement and registration are both null and void in accordance with Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder's Name.

On the other hand, the sales contract between the defendant C and the defendant B on each of the real estate of this case is null and void by a false agreement.

Therefore, each of the instant real estate is still owned by Defendant D and E, who is the heir of the networkF, and the sales contract concluded on April 3, 1997 between the Plaintiff and the networkF is still valid.

Therefore, the Plaintiff seek against Defendant C and B for the cancellation of the ownership transfer registration completed in its name with respect to one-third share of each of the instant real estate, and seek against Defendant D and E for the implementation of the registration procedure for ownership transfer registration for reasons of sale on April 3, 1997 with respect to one-third share of each of the instant real estate.

(b) judgment;

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