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(영문) 서울남부지방법원 2015.07.24 2013가합104036
소유권이전등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the spouse of the deceased G (the deceased on March 2, 2013, hereinafter “the deceased”). Plaintiff B, C, and D are the children of each Plaintiff and the deceased. Defendant E is a person other than the deceased’s marriage, and H and I are the births of each deceased.

B. The instant land was owned by Defendant F. As to this, the ownership transfer registration based on the sale as of January 28, 1980 under H’s name on January 30, 1980 was completed on November 8, 200, and the ownership transfer registration based on the sale as of October 30, 201 under Defendant E’s name on November 8, 2001.

C. On the instant land, the registration of ownership transfer was completed in the name of H on June 17, 1995, and the registration of ownership transfer was completed on October 30, 2001 under the name of Defendant E on November 8, 2001.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The plaintiffs' alleged land was purchased to be jointly owned by the deceased as 1/4 shares with Defendant E, Plaintiff C, and D. After concluding a title trust agreement with H on January 28, 1980 and completing the registration of ownership transfer by concluding a sales contract with Defendant F under the name of H on January 28, 1980. The building of this case also constructed by the deceased to be jointly owned with Defendant E, Plaintiff C, and D as 1/4 shares, and completed the registration of ownership preservation under H's name by concluding a title trust agreement with H.

Afterward, the Deceased, Defendant E, Plaintiff C, and D decided to change the title trustee of the instant land and the instant building to Defendant E, and completed the registration of ownership transfer under each of Defendant E with respect to the instant land and the instant building after concluding a title trust agreement.

Since a title trust agreement is null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name, and any change in real rights subsequent thereto is null and void, registration in the name of H and Defendant E is null and void: Provided, That registration in the instant land

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