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(영문) 광주지방법원 2015.08.21 2015나2023
소유권이전등기말소등기청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic facts are the plaintiffs of punishment, and D is the female students of plaintiff B, and the plaintiff A is the mother of the plaintiff, and the defendant is the father E of the plaintiff.

Plaintiff

A was the owner of the real estate stated in Section 1(a) of the purport of the claim and appeal, and the real estate stated in Section 1(b) of Section 1 of the purport of the claim and appeal (hereinafter referred to as “instant real estate”), and the real estate stated in Section 1(1) of the purport of the claim and appeal. As to the instant real estate owned by the Plaintiffs, the registration of ownership transfer was made on May 19, 201 on the ground of sale on February 16, 2011.

[Ground of recognition] A without dispute, Gap evidence No. 1 (including a provisional number; hereinafter the same shall apply), the parties' assertion to the purport of the whole pleadings, and the allegations by the parties asserted by the parties to judgment as to this, the plaintiffs trusted the real estate of this case to D, and D trusted the real estate of this case to the defendant. Since the title trust agreement was null and void, the registration of transfer of ownership to the real estate of this case in the name of the defendant is a registration invalidation, and the defendant is obliged to implement the procedure for

The defendant's assertion that the defendant did not have received the title trust of the real estate of this case from the plaintiffs, and D paid the plaintiff A a sales price of KRW 4,500,000, and purchased the real estate of this case in the name of the defendant, so the defendant does not

Judgment

In general, in cases where only the title holder of a real estate has been entrusted to another person, documents proving the same legal relationship as the certificate of registration should be held by the title truster, who is the actual owner. As such, the fact that the title truster asserted as the title truster holds these documents of legal relationship is a valuable material supporting the title trust. However, if there are special circumstances in which the title trustee possesses such documents of legal relationship, it is so,

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