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(영문) 제주지방법원 2018.07.27 2017가단59675
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. As to the instant land No. 3, May 20, 2010, the registration of transfer of ownership was completed under the Plaintiff’s name on May 19, 2010. As to the instant land No. 1 and 2, the registration of transfer of ownership was completed on November 17, 2010 under the Plaintiff’s name on November 19, 2010, with respect to each of the instant land as the cause of sale by voluntary auction, and the registration of transfer of ownership was completed on November 19, 2010. Moreover, as to each of the instant land, the maximum debt amount was KRW 39 million on November 19, 2010, with respect to each of the instant land as the debtor as the Plaintiff (hereinafter “instant collateral security”).

B. As to each of the instant land, the registration of ownership transfer was completed on October 15, 2012 in the name of the Defendant on November 26, 2012, under the name of the Defendant.

(hereinafter “instant transfer registration”). C.

The plaintiff is a woman of D's deceased on November 6, 2012, and there is a wife E, F, G, H, and I, who is a wife, but both of them renounced inheritance. The defendant is a mother of F.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 3 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff asserted that the ownership transfer registration of this case in the name of the Defendant with respect to each of the instant lands was null and void, or the sales contract was rescinded for the following reasons, and sought to implement the procedures for the registration of ownership transfer in the Plaintiff’s future due to the restoration of the real name. A) Each of the instant lands was financed by the network D and purchased from the owner who was unaware of the title trust agreement with the Plaintiff or obtained the decision of permission for sale in the name of the Plaintiff pursuant to the contract title trust agreement with the Plaintiff, and thus, the ownership of each of the instant lands was reverted to the Plaintiff pursuant to Article 4(1) and (2) of the Act

B. After the death of D, the Plaintiff, F, its inheritor, provisionally seizes each of the instant lands.

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