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(영문) 의정부지방법원 2017.06.16 2015가합4358
부동산인도 등
Text

1. The Defendants deliver each real estate listed in the separate sheet to the Plaintiffs.

2. The Defendants jointly do so.

Reasons

1. Basic facts

A. The Plaintiffs were born between G (Death on October 2, 2006) and H, and inherited 2/9 each of the property due to the death of G.

I is a married wife on June 16, 200 after G divorced with H, and J is a person who was the husband of the I's Chok K, and L is a person who borrowed the amount of money of KRW 1.5% per month from G to pay interest of KRW 1.5% per month.

B. The real estate listed in Paragraph 1 of the Attached List, which was owned by M, was due to sale and purchase on June 10, 1999, the real estate listed in Paragraph 2 of the same Schedule, which was owned by N, was due to sale and purchase on June 10, 199, and the real estate listed in Paragraph 3 of the same Schedule, which was owned by N, was due to sale and purchase on August 9, 199. The real estate listed in Paragraph 4 of the same Schedule, which was owned by Defendant F, was due to sale and purchase on July 12, 2004, the real estate listed in Paragraph 5 of the same Schedule, which was owned by N, was completed in each Justice’s name on May 5, 201.

After that, the registration of transfer of ownership was completed in the name of L on April 2005 with respect to each real estate listed in the separate sheet (hereinafter "each real estate of this case"), and the provisional registration of transfer of ownership was completed in the name of I on September 8, 2005 on the basis of the pre-sale agreement as of September 8, 2005.

C. The plaintiffs purchased each of the instant real estate from N, M, F, andO, and subsequently transferred only the status of the title trustee to L in the future by I's instructions, and the registration of the transfer of ownership in I's name is completed to prevent L from arbitrarily disposing of the said real estate.

Therefore, the registration of transfer of ownership in the name of J and L on each real estate of this case is the Real Estate Real Name Act (hereinafter referred to as the "Real Estate Real Name Act").

The provisional registration of the I's name is invalid according to the cause, and the provisional registration of the I's name is false representation.

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