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(영문) 광주지방법원 2015.09.15 2015가단2633
소유권이전등기말소등기절차 이행 청구 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion that each of the instant real estate was purchased from Defendant C, after entering into a title trust agreement with Defendant B, completed the registration of ownership transfer under the name of Defendant B with respect to each of the instant real estate. Since the said title trust agreement was terminated due to Defendant B’s breach of trust behavior, Defendant B is obligated to take the procedure for registration cancellation following the invalidation of the above title transfer registration to Defendant C, and Defendant C is obligated to take the procedure for registration of ownership transfer under the sales contract on September 1, 2013 to the Plaintiff.

2. The facts that the Plaintiff purchased each of the instant real estate from Defendant C solely on the basis of the written evidence Nos. 1 and 2, and the fact that the Plaintiff concluded a title trust agreement on each of the instant real estate between Defendant C Co., Ltd. and completed the registration of transfer of ownership in its name is insufficient to acknowledge that the Plaintiff had completed the registration of transfer of ownership in its name. The Plaintiff’s above assertion is without merit

3. Accordingly, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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