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(영문) 대구지방법원 2017.01.13 2016가단104804
소유권이전등기
Text

1. The defendant,

(a) The Daegu District Court shall have jurisdiction over one half of the shares of each real estate listed in the separate sheet C.

Reasons

1. The Daegu District Court's registration of transfer of ownership in the name of the defendant and D was completed on April 3, 1980 by the receipt No. 14465 of April 4, 1980, and the registration of transfer of ownership in the name of the defendant and D was completed on the ground of sale on April 3, 1980, among each real estate listed in the separate sheet (hereinafter "the instant real estate") for which the registration of transfer of ownership was completed in the name of the basic facts C, and the fact that the registration of transfer of ownership in the name of the defendant was completed on April 23, 1984 as of April 23, 1984 by the receipt of No. 26430 of April 23, 1984, and on April 23, 1984 is no dispute between the parties concerned.

2. The plaintiff's assertion

A. The primary claim: (a) On April 3, 1980, the Plaintiff purchased 1/2 of the share out of the instant real estate from C, and purchased 1/2 of the remainder from D on April 23, 1984, and the Plaintiff, a taxpayer, under a tax relationship, held a title trust of each of the above shares to the Defendant that was the birthe. Since the seller was unaware of the above title trust, the title trust of the instant real estate constitutes a contract title trust; (b) thereafter, the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) was enacted, and accordingly, the real name registration should be completed within the grace period as prescribed by the Act, but the Plaintiff failed to complete the real name registration within the grace period, and thus the Defendant acquired full ownership of the instant real estate following the enforcement of the said Act.

3) Therefore, the Defendant is obligated to return the instant real estate to the Plaintiff as unjust enrichment. (B) If the title trust of the instant real estate constitutes a so-called third party registered title trust, the Plaintiff, who is a truster, by subrogation of C and D, shall cancel the registration of transfer of ownership in its name against the Defendant, who is the trustee, in lieu of the seller, if the title trust of the instant real estate constitutes a so-called third party registered title trust.

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