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(영문) 대구지방법원김천지원 2014.07.16 2013가단5950
소유권이전등기말소 등
Text

1. The plaintiffs' lawsuit against the defendant C is dismissed.

2. The plaintiffs' claims against Defendant D are dismissed.

3...

Reasons

1. On October 16, 201, the Plaintiffs’ assertion E (hereinafter “the deceased”) died on October 16, 201, Plaintiff A inherited the deceased’s property with 3/5 shares, and 2/5 shares by Plaintiff B.

The Deceased and the Defendants purchased each real estate listed in the separate list (hereinafter “each of the instant real estate”) from the seller (Defendant D) and directly transferred the registration to the trustee (Defendant C), without transferring the registration, or concluded the so-called “three-party registered title trust agreement between the Deceased and the Defendant C (hereinafter “instant title trust agreement”) and concluded the title trust agreement between the deceased and the Defendant D, and completed each of the instant real estate transfer registration under the name of Defendant C on December 30, 2005 (hereinafter “each of the instant real estate transfer registration”). However, the title trust agreement in this case is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and each of the instant real estate transfer registration agreements in this case is invalid as to whether each of the instant real estate was registered under the title trust agreement between the deceased and the Defendant D, and as to whether each of the instant real estate was registered under the title trust registration under the main sentence of Article 4(2) of the same Act.

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