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(영문) 광주지방법원 2014.12.24 2013가단520816
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were born between the deceased C (the deceased on July 24, 2012, hereinafter “the deceased”) and the deceased D (the deceased on February 22, 2012, hereinafter “the deceased”), and the Plaintiff is the disabled in the first degree of disability and the Defendant is the Plaintiff’s leakage.

B. From June 4, 1991, the registration of transfer of ownership was completed on May 31, 1991 in the Plaintiff’s name on the E company building and its ground (hereinafter collectively referred to as “the Plaintiff’s real estate”), which had been owned by the Deceased, on June 26, 201, on which the transfer of ownership was completed on the ground of donation on May 31, 1991, and thereafter on July 9, 2012, the registration of transfer of ownership was completed on June 26, 2012.

C. On June 27, 2012, the Defendant concluded a sales contract with G to set the sales price of KRW 78.5 million with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”), and completed the registration of ownership transfer under the name of the Defendant on July 10, 2012. On July 16, 2012, the registration of ownership transfer for the instant apartment was completed with respect to the instant apartment by the debtor, the debtor, the debtor, the debtor, and the debtor-mortgage-mortgage Hanwon Agricultural Cooperative (hereinafter “CF”) around July 16, 2012.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, Gap evidence 4 and 5-1, 2-2, and the purport of the whole pleadings

2. The gist of the plaintiff's assertion is that the defendant, at the time of selling the plaintiff's real estate to F, agreed to purchase the apartment of this case in the name of the plaintiff, and the defendant is obligated to implement the procedure for the registration of ownership transfer for the apartment of this case in accordance with the agreement. Preliminaryly, the defendant, the trustee, who entered into a title trust agreement with the plaintiff and the defendant, entered into a sales contract for the apartment of this case with G who did not know the above title trust, and completed the registration of ownership transfer in the future of the defendant.

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