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(영문) 부산지방법원 2017.03.22 2015가단72688
소유권이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On May 7, 2005, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and completed the procedure for the registration of ownership transfer on May 27, 2005. On March 18, 2013, the Plaintiff completed the procedure for the registration of ownership transfer on the ground of sale on March 14, 2013 (hereinafter “each of the instant real estate”).

On March 25, 2005, the Plaintiff purchased a building located in Busan-gu, Busan-gu, and completed the registration procedure for transfer of ownership on May 27, 2005. On September 17, 2015, the Plaintiff completed the registration procedure for transfer of ownership on the ground of sale on August 17, 2015 to a third party on September 17, 2015.

[Ground of recognition] The plaintiff asserted that there is no dispute, Gap evidence Nos. 1-1, 2, and 4, and the purport of the whole pleading as a whole, and the plaintiff's assertion of the purport of the whole pleading is scheduled to redevelopment, and thus, he purchased each real estate of this case and the land and buildings of Busan Jin-gu C by the defendant's husband D.

However, if D has two houses within the redevelopment zone, it would be disadvantageous if D would become redevelopment in the future, and only the real estate of this case was recommended under the name of another person in the name of the defendant.

The Plaintiff and the Defendant did not conclude a sales contract for each of the instant real estate, and the registration of each of the instant transfer of ownership in the name of the Defendant is null and void and void.

Judgment

As long as legitimate registration is entered in the register form, it is presumed that the Plaintiff disclosed the true state of rights, barring any special circumstances. The Plaintiff failed to submit any evidence as to the existence of a title trust agreement with respect to each of the instant real estate. The Plaintiff borrowed money from the Defendant and completed the registration of transfer of ownership with respect to each of the instant real estate in the name of the Defendant as a security for transfer, and the Plaintiff received the principal and interest of each of the instant real estate.

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