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(영문) 서울중앙지방법원 2018.09.14 2017나66772
소유권말소등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport.

Reasons

1. The grounds for this part of the underlying facts are the same as that of “1. Basic Facts” among the grounds for the judgment of the court of first instance, and thus, they are cited pursuant to the text of Article 420 of the Civil Procedure Act.

3. Determination as to the claim against the defendant B

A. In a case where the registration of ownership transfer has been made from the seller to the buyer as to the whole land that was not divided in the registry when selling part of the land on one parcel of land, whether the title trust relationship is established, the title trust relationship between the two persons (so-called “so-called bilateral title trust”) has been established with respect to the part of land that the seller did not sell to the buyer, barring any special circumstance.

(2) According to the language and text of the instant case as seen earlier, Defendant B purchased “the part where D’s wife’s wife’s wife’s wife’s wife’s body room is buried at 4,830 square meters, and 600 square meters (hereinafter “the remaining part”) from Defendant B purchased “the part where D’s wife’s body room is buried at 4,830 square meters, and 600 square meters (hereinafter “the remaining 60 square meters”). The sales price was paid for the remaining 4,230 square meters after subtracting the 600 square meters, and the remaining 60 square meters was not divided into 60 square meters, and the part of the instant forest was not divided into 600 square meters, and the registration of ownership transfer between Defendant B and Defendant B’s wife’s name was completed in light of the legal principles as to the entire forest of this case, and thus, Defendant B’s ownership transfer of the instant forest of this case’s name was established.”

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