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(영문) 대전고등법원 2017.08.24 2017나10686
진정명의회복을원인으로하는소유권이전등기
Text

1. The replacement of the main claim and the additional conjunctive claim are all dismissed;

2...

Reasons

1. The reasons for this part of the basic facts are as follows: “The previous land of this case” in Part II of Part VII of the judgment of the court of first instance is as “the previous land of this case”; and among them, the land owned by the Plaintiff A is as “E, etc.”

“In the same page, the number of the instant land was changed to 6,007 square meters in Sejong Special Self-Governing City due to the change of administrative jurisdiction on June 7, 2013. The number of the instant land was changed to 6,007 square meters in Sejong Special Self-Governing City on May 28, 1993.”

In addition, "other than adding" is the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure

2. The assertion and judgment

A. The Plaintiffs asserted that the Plaintiffs purchased the previous land of this case sold by the Plaintiffs to the Rural Development Corporation on the condition that the Defendant redeems it in installments. However, if the Plaintiffs fully repaid the installment repayment to the Rural Development Corporation, the Defendant entered into a title trust agreement or ownership transfer agreement with the Plaintiffs to transfer the ownership of the previous land, and at the time, the Plaintiff A entered into the said agreement on behalf of the Plaintiff B with respect to the 2,655 square meters (hereinafter “G land”) of the previous land of this case, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, which was owned by Plaintiff B

Since then, Plaintiff A repaid all the installment payments for the previous land to the Rural Development Corporation.

A title trust agreement is null and void, and is not so.

Even if the plaintiff A fulfilled all the obligation to repay the installment payments under the ownership transfer agreement, the defendant is obligated to implement the registration procedure for ownership transfer based on the ownership transfer agreement, first and first, the right to each share of the plaintiffs on the previous land of this case among the land of this case.

B. Determination 1) With respect to Plaintiff A’s claim, the Plaintiffs between the Defendant and the Defendant.

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