logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2017.11.16 2016가단54295
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in full view of the whole purport of the pleadings as to Gap evidence 1, Gap evidence 2, Eul evidence 3, Gap evidence 4, Gap evidence 6-1, 2, Gap evidence 10, Gap evidence 15, Eul evidence 6, and Eul evidence 6, and there is no counter-proof.

On September 27, 2005, Nonparty D entered into a sales contract with Nonparty D to purchase KRW 4298 square meters (hereinafter “instant land before the instant partition”) in the amount of KRW 195,000,000 for purchase with Nonparty D (hereinafter “the deceased”).

(hereinafter “instant sales contract”). B.

On March 2, 2006, the land prior to the instant partition was divided into 1653 square meters and 1116 square meters (hereinafter “instant land”) from the land prior to the instant partition, Hongcheon-gun G, Gangwon-do, and Hongcheon-gun, Hongcheon-gun, Daejeon-gun, Hongcheon-gun, one hundred and sixty-six square meters (hereinafter “instant land”).

C. On December 17, 2008, the Deceased completed each registration of the transfer of ownership on the ground of sale on December 16, 2008, under the receipt of the Hongcheon District Court Hongcheon District Office, Hongcheon District Court No. 26268, which received from the Defendant on December 17, 2008, on the land of this case.

(D) The registration of ownership transfer for the instant land (hereinafter “instant land ownership transfer”).

Nonparty D agreed to pay KRW 90,00,000,000, out of the purchase price of the instant land on June 11, 2009, until September 30, 2009, but did not pay it.

E. The Deceased died on June 19, 2009, and became the heir of the Plaintiff, Nonparty H and I, who is the spouse, and on May 27, 2017, the right to the instant land was agreed upon by the Plaintiff to inherit.

2. Determination

A. Nonparty D’s claim for cancellation of ownership transfer registration due to title trust No. 1 of the Plaintiff’s claim made a title trust to the Defendant after purchasing the instant land from the Deceased. Since the title trust agreement on the instant land between Nonparty D and the Defendant is null and void, the instant land in the name of the Defendant is deemed null and void.

arrow