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(영문) 광주지방법원해남지원 2015.07.16 2015가단943
소유권이전등기말소이행 등
Text

1. As to one-half of the nine hundred and forty-eight square meters of land in Jeonnam-gun, Jeonnam-gun:

A. Defendant B is the Gwangju District Court.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 through 10, 12 through 17, the plaintiff may recognize the fact that on April 15, 2003, the plaintiff purchased 948§³ (hereinafter "the land in this case") from defendant C on April 15, 2003, and agreed to trust the title of one-half of the above land with the defendant B, who is one's own partner, and the one-half of the above land. Accordingly, for one-half of the above land in this case, the registration of ownership transfer has been completed in the name of the plaintiff, and for the remaining one-half of the above land in

2. According to the Act on the Registration of Real Estate under Actual Titleholder’s Name, in the case of so-called “three-party registered title trust,” the title trust agreement and the registration thereof are null and void, and as a result, the real estate held in title return to the seller’s ownership. As such, the seller can seek cancellation of the registration under his/her name invalid. Meanwhile, the sales contract between the seller and the title truster is still valid since the seller did not deny the validity of the sales contract between the seller and the title truster. As such, the title truster may file a claim for the registration of ownership transfer against the seller based on the sales contract. To preserve such right,

(2) The Plaintiff, a title trustee, is liable to perform the procedure for registration of cancellation of ownership transfer registration completed on April 15, 2003 with respect to one-half portion of the instant land to the Defendant C, the seller, upon the Plaintiff’s exercise of the right of subrogation by the Plaintiff, who is the title truster. Therefore, Defendant C, the seller, is liable to implement the procedure for registration of cancellation of ownership transfer registration completed on April 15, 2003 with respect to one-half share of the instant land to the Plaintiff, the buyer. Defendant C, the buyer, is liable to implement the procedure for registration of ownership transfer on April 15, 2003 with respect to one-half share of the said land.

3. If so, the plaintiff's defendants.

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