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(영문) 의정부지방법원 2016.03.25 2015가합50887
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. On January 18, 2012, the Plaintiff filed a lawsuit against C with the District Court Decision 201Gahap7823, the Plaintiff was sentenced to the judgment that “C shall pay to the Plaintiff 126,40,000 won and KRW 60,000 among them, the remainder of KRW 66,400,000 from April 1, 201, and the remainder of KRW 66,400 from May 1, 201 to December 14, 2011, and KRW 20% per annum from the following day to the date of full payment,” and the said judgment was finalized on February 15, 2012.

B. On March 30, 2009, Gyeonggi-do D Forest land 5,389 square meters was subject to registration conversion with E forest land 5,383 square meters on March 30, 2009, and was divided into each real estate listed in attached Tables 1 through 3 on April 1, 2009.

The registration conversion was made on July 8, 2010 by G forest land of 1,436 square meters (attached Form 4) in the 1,436 square meters of the F forest in Pyeongtaek-gun, Gyeonggi-do.

C. As to each of the real estates listed in [Attachment C] List Nos. 2 through 4 (hereinafter “each of the instant real estates”), the registration of ownership transfer under the Defendant’s name was completed on December 5, 2007 as the receipt of No. 33895 on December 5, 2007 by reason of the sale on December 3, 2007.

(As to the real estate listed in paragraph (4) of the attached list, the registration of ownership transfer in the name of the defendant was completed as above for the whole real estate, and thereafter on June 24, 2009, the registration of ownership transfer in the name of the defendant was completed only for the share 719/1438 out of the above real estate on the ground of partial cancellation of agreement, and on June 24, 2009, the registration of ownership transfer was completed in the name of H for the share 719/1438 remaining in C on June 24, 2009). [Grounds for recognition] The fact that there is no dispute, each entry in the evidence Nos. 1, 2, and 4 (including the serial number), the purport of the entire

2. The parties' assertion

A. Since a title trust agreement between C and the defendant pursuant to Article 4(1) and the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name and the transfer of ownership in the name of the defendant completed according to such agreement is null and void, C shall be the defendant.

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