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(영문) 춘천지방법원강릉지원 2017.06.27 2017나30054
소유권이전등기
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for adding the judgment equivalent to that of paragraph (2) to the Plaintiff’s assertion, and thus, it is consistent with the reasoning of the judgment of the court of first instance.

2. Additional determination

A. The summary of the Plaintiff’s assertion ① In an invalid three-party registered title trust, the title trustee completed the ownership transfer registration in the future of the title truster. As such, the Defendants, the title trustee of the instant real estate, are obligated to transfer ownership of each of the instant co-ownership shares to the Plaintiff, who purchased each of the instant co-ownership shares from N

② In substance, N sells each of the instant co-ownership shares to the Plaintiff, the title trustee as to the instant co-ownership shares was changed from the Defendants to the Plaintiff. As such, the Defendants are liable to register ownership of each of the instant co-ownership shares to the Plaintiff

③ The remaining Defendants except Defendant E do not dispute the Plaintiff’s claim of this case, and should be deemed to have implicitly consented to the claim for the intermediate omission registration of this case. Thus, the Defendants except Defendant E bears the Plaintiff’s obligation to register ownership transfer in accordance with the interim omission registration agreement regarding each of the instant co-ownership shares

B. In a three-party registered title trust that becomes null and void, even if the title trustee’s future termination of ownership transfer registration conforms to the substantive relationship, considering that the legal principle on validity of registration that conforms to the substantive relationship is the legal principle designed to remedy the procedural defect in the completed registration procedure, it cannot be deemed that the Plaintiff’s purchase of each of the instant co-ownership shares trusted by N to the Defendants, as alleged in the ground that the Plaintiff purchased each of the instant co-ownership shares trusted by N to the Defendants, the Defendants’ obligation to transfer ownership as to each of the instant co

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