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(영문) 부산지방법원 2017.06.22 2016나55810
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. A. On December 26, 2008, the Plaintiff completed the registration of ownership transfer for shares 5653/3573 out of the instant forest land on the ground of legacy. 2) On January 20, 209, the Plaintiff completed the registration of ownership transfer for shares 492/3573 out of the instant forest land on the ground of sale. However, on December 24, 2008, the shares 1320/3573 out of the instant forest land was purchased from the Plaintiff at KRW 35 million from the Plaintiff on December 24, 2008, and the remaining shares 3672/35733 (hereinafter “former shares in title trust”) were purchased from the Defendant on the ground of a title trust agreement between the Plaintiff and the Defendant.

3) On July 19, 2010, at the request of the Plaintiff, the Defendant completed the registration of ownership transfer for the shares of 826/3573 out of the original title trust shares in the name trust (hereinafter referred to as “instant title trust shares”), as a result of sale, after deducting the shares of 826/3573, which had been completed in the name trust shares in D in the original title trust (hereinafter referred to as “instant title trust shares”).

B) On December 26, 2008, the Plaintiff completed the registration of transfer of ownership on the ground of testamentary gift with respect to the instant forest E-Gun in Busan, Busan, and 1289 square meters of forest land and 14182 square meters of F forest land (hereinafter collectively collectively referred to as “instant forest land”) on December 26, 208. On January 6, 2009, the amount claimed for the instant forest land No. 2 was KRW 171,824,00, and the creditor was completed the registration of provisional attachment entry with G and H (hereinafter referred to as “instant provisional attachment registration”).

2) On June 16, 2014, the Plaintiff registered the ownership transfer of the instant forest land No. 2 to I on the ground of sale (hereinafter “instant ownership transfer registration”).

(3) On September 24, 2014, the Plaintiff completed the registration of transfer of ownership of the instant forest land No. 2 in the name of the Defendant on September 24, 2014, as the Plaintiff was only registered by the Plaintiff for security, and thus, I are only 14 million won.

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