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(영문) 춘천지방법원 2019.08.28 2018나95
소유권이전등기말소
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, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is the same as that of the judgment of the court of first instance, except for the case to be cited by the court of first instance as set forth in Article 420 of the Civil Procedure Act. As such, the reasoning of the judgment

(The evidence submitted by the Plaintiff in this Court overlaps most of the evidence submitted in the first instance trial, and the Plaintiff’s assertion is not significantly different from the allegations in the first instance trial). 2. The lower part of the first instance court’s second instance judgment regarding “Defendant F” as “Defendant F” at the lower part of the second instance judgment.

In the first instance judgment, the first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s second instance judgment’s second instance judgment is just, and the statement of Gap evidence Nos. 47-1 and 2 alone is insufficient to reverse the above recognition, and there is no other counter-proof.

In the first instance judgment, “A assertion of a title trust under a contract,” in the first instance judgment, even if each registration of ownership transfer in the name of Defendant D and E was completed pursuant to a title trust agreement, barring special circumstances where Defendant B entered into a contract with the intent to directly bring about the legal effect under the instant contract to the Plaintiff, as seen earlier, such title trust relation shall be deemed to constitute a contract title trust (see, e.g., Supreme Court Order 2013Du133, Oct. 7, 2013). If a real estate seller’s registration under a contract title trust transfers from the title trustee to the future, the title truster is not a party to the contract, but the title trust agreement that was concluded with the title trustee is null and void, and thus the seller or the title trustee cannot be entitled to file a claim for the registration of ownership transfer (see, e.g., Supreme Court Decision 2012Du28414, Jul. 11, 2017).

3. Thus, the plaintiff's lawsuit against the defendant D and E shall be dismissed as it is unlawful, and the claim against the defendant B shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and therefore, the plaintiff's defendants shall be the defendants.

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