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(영문) 청주지방법원 2015.03.19 2014가단156422
소유권이전등기
Text

1. Defendant B, C, and D are authentic in relation to each of the shares of 1/3 shares among the shares of 2,405 square meters of C forest land in Yeong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

Reasons

1. Determination as to the claim against Defendant B, C, and D

A. Basic facts 1) 2,405 square meters (hereinafter “the instant real estate”) of Fandong-gu, Seo-gu, Chungcheongnam-gu, Cheongju.

The registration of ownership transfer was completed under Defendant E’s name on December 28, 1989, under the name of Dong on December 7, 1989, and the ownership transfer was completed on the ground of sale on December 7, 1989.2) After that, the deceased G died on January 15, 2014. The Defendants, the deceased’s inheritors, completed the registration of ownership transfer for each of 1/3 shares of the instant real estate on April 15, 2014 on the ground of inheritance by consultation division.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the purport of the whole pleadings

B. 1) On August 4, 1989, the Plaintiff entered into a contract with Defendant E to purchase the instant real estate in KRW 80,000,000, and the ownership transfer registration was completed by a special contract with the above sales contract. According to the above special agreement, the Plaintiff entered into a title trust agreement with Dong Dong-in G and the network G was completed on December 27, 1989 in the form of purchasing the instant real estate from Defendant E on December 28, 1989, which constitutes a three-party registered title trust. Moreover, the registration of the trustee’s name based on a three-party registered title trust becomes null and void pursuant to the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and thus, the registration of ownership transfer under the name of the Defendants based on the registration of ownership transfer, which is the registration of the net owner’s name, and thus, the Plaintiff’s actual status as the seller and the seller’s heir were restored to the status of the Defendant E.

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