(영문) 수원지방법원 2015.01.29 2014가단20000

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(영문) 수원지방법원 2015.01.29 2014가단20000

소유권이전등기말소 등

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. With respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by Nonparty I, on January 20, 2005, the ownership transfer registration under Defendant C was completed on February 15, 2005 on the ground of sale and purchase as of February 15, 2005, as of the Suwon District Court Seosung Branch Office of 17365, and later on November 27, 2006, the ownership transfer registration under Defendant B was completed on November 30, 2006 by the same registry office as of November 30, 2006.

[Ground for Recognition] Unsatisfy, Gap evidence 4-3

2. The assertion and judgment

A. On December 8, 2004, Defendant D purchased the instant real estate from the deceased I, and conducted a title trust agreement with Defendant C, and completed the registration of ownership transfer with respect to the instant real estate under the name of Defendant C on February 15, 2005. On November 30, 2006, upon Defendant C’s request, the registration of ownership transfer was completed in the name of Defendant B, a new title trustee of Defendant D, and each of the above registrations of ownership transfer is null and void as the change of real rights under the title trust agreement.

On the other hand, on May 2, 2005, Defendant D agreed to pay the instant real estate to the Plaintiff in lieu of the Plaintiff. The Plaintiff is the exercise of the subrogation right to preserve the right to claim ownership transfer registration under the above payment agreement against Defendant D, which is the exercise of the subrogation right against Defendant D, by subrogation of Defendant E, F, G, and H, the heir of Defendant DI, and the right to claim the cancellation registration of each ownership transfer registration against Defendant C and B, which Defendant D had against the heir of the network I, and the right to claim the ownership transfer registration on December 8, 2004.

B. Even if Defendant D’s family affairs acknowledged the fact that the Plaintiff agreed to pay the instant real estate to the Plaintiff on May 2, 2005, the fact of each title trust agreement between Defendant D and C, Defendant D and Defendant B should be recognized in order to accept the Plaintiff’s instant claim.

The evidence Nos. 3 and 4-

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