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(영문) 대구지방법원상주지원 2016.06.29 2015가단2071
소유권이전등기말소
Text

1. The defendant

A. On November 201, 201, concerning buildings listed in the separate sheet, machinery such as resident support at the Daegu District Court.

Reasons

1. Basic facts

A. (1) Around December 2007, the Plaintiff entered into a lease agreement with the Defendant on a deposit deposit amounting to KRW 13 million per annum, and KRW 12 million per annum, on a deposit basis with the Defendant, and with the Defendant on a deposit basis, with the land of KRW 2,489 square meters for C farm site, KRW 661 square meters per annum, and its ground. (2) around that time, the Defendant occupied the said real estate in accordance with the above lease agreement and started to raise pigs, cattle, etc. at that place.

B. 1) The Plaintiff is a building listed in the separate sheet on the ground of E (hereinafter “instant building”).

2) On December 30, 200, the Plaintiff newly constructed the instant building, and completed registration of ownership preservation on December 30, 200. 2) On November 11, 201, the Plaintiff had received the ownership transfer registration from the Daegu District Court under Article 23237 of the receipt of machinery, including resident support, on October 5, 201.

C. As of the date of closing argument of the instant case, the Defendant occupied the instant building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. At the time when the Plaintiff transferred the registration of ownership transfer of the instant building to the Defendant on November 11, 201, the fact that no sales contract was concluded, but the Plaintiff transferred only the registration of ownership transfer to the Defendant in order to receive subsidies in constructing a building on the land of F 1,960 square meters at the time the Plaintiff was permanently stationed, or that the Plaintiff transferred only the registration of ownership transfer to the Defendant in order to receive subsidies, may be recognized by adding the respective entries and images of the evidence Nos. 8 through 10 to the purport of the entire pleadings.

Thus, since the registration of transfer of ownership in the name of the defendant as to the building of this case is null and void by a false conspiracy, the defendant is obligated to implement the procedure for cancellation of transfer of ownership registration as to the building of this

In addition, insofar as the registration of ownership transfer on the building of this case is null and void, it is special.

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