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(영문) 수원지방법원 성남지원 2018.07.12 2017가단222626
소유권이전등기
Text

1. Defendant B’s payment agreement on September 1, 2008 with respect to the Plaintiff’s forest D forest land 759 square meters in Gyeyang-gun, Gyeonggi-do.

Reasons

1. On May 30, 2007, Defendant B completed the registration of transfer of ownership on the ground of sale on May 30, 2007 with respect to the 759 square meters of forest D forest land in Gyeyang-gun, Gyeonggi-do (hereinafter “instant real estate”), and Defendant C completed the registration of transfer of ownership on September 11, 2008 as the receipt of the Sungwon District Court registration office under the Yangyang-gu District Court No. 19,698. Then, Defendant C had completed the registration of transfer of ownership on September 11, 2008 as the receipt of the same registration office on September 11, 2008.

2. Determination as to the claim against the defendant B

A. A. Around December 26, 2007, the Plaintiff borrowed KRW 8.55 billion to E, the husband of Defendant B, who was the husband of the claim. On September 1, 2008, E, who was unable to repay KRW 500 million out of the borrowed money, proposed that the Plaintiff repay the instant real estate under the name of Defendant B, the wife of the Plaintiff as a substitute, and the Plaintiff consented thereto.

Therefore, Defendant B is obligated to implement the registration procedure for ownership transfer on the instant real estate on September 1, 2008 by reason of the accord and satisfaction agreement on September 1, 2008.

(b) Applicable provisions of Acts: Judgment rendered by deeming confessions (Article 208 (3) 2 of the Civil Procedure Act);

3. Determination as to the claim against Defendant C

A. As seen earlier, the Plaintiff’s summary of the Plaintiff’s assertion asked Defendant C to title trust with respect to the instant real estate that was ordered to receive payment in kind from Defendant B, and the Defendant C consented thereto and entrusted the title of the instant real estate according to the Plaintiff’s instruction.

Therefore, the registration of transfer of ownership under the name of Defendant C according to the title trust agreement with the Plaintiff and Defendant C is the registration of invalidation pursuant to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Therefore, Defendant C is obligated to implement the procedure for registration of cancellation of transfer of ownership under Defendant C

B. As the Plaintiff asserted, the instant real estate from Defendant B to Defendant C pursuant to the title trust agreement between the Plaintiff and the Defendant, according to the Plaintiff’s assertion.

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