logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.10.25 2019나50273
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s revocation part shall be the Defendants.

Reasons

1. The reasons why this Court should state this part of the facts are as follows: (a) except for the modification of the first instance court’s “by reason of sale from Defendant B” to “ by reason of sale and purchase (hereinafter “instant sales contract”) under the second instance court’s second instance court’s second instance judgment, it is identical to the description from Chapter 3 to Chapter 8 (hereinafter “the part on the basis of the first instance judgment”) under the second instance court’s second instance judgment; and (b) thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. As to the claim for the cancellation of the registration of ownership transfer against the Defendants

A. The Plaintiff’s assertion is that the actual party of the instant sales contract is not the deceased, and thus, it constitutes a three-party registered title trust to complete the registration of ownership transfer in the name of the deceased on the instant real estate.

Therefore, the registration of ownership transfer in the name of the deceased as to the instant real estate and the registration of ownership transfer in the name of the Defendants, who are the inheritors of the deceased, remains in the seller B. The Plaintiff has the right to seek the transfer of ownership in the instant real estate against B.

The Plaintiff seeks to cancel the registration of ownership transfer in the name of the Defendants, which is invalid, in subrogation of B in order to preserve the right to claim ownership transfer registration.

B. (1) Whether a preserved claim exists or not a title trust agreement is a three-party registered title trust or a contract title trust is determined as a matter of determining who the contracting party or who is the contracting party. The issue of determining the contracting party is first of all, when the intent of the actor and the other party coincide with that of the other party, the contracting party should be determined according to the consent of the other party. If the other party does not coincide with the intent of the other party, the other party should be understood as a reasonable person based on all the circumstances before and after the conclusion of the contract, including the nature

arrow