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(영문) 대전고등법원 2019.09.25 2018나15480
소유권이전등기
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. Basic facts

A. Before the division and merger, the registration of ownership transfer was completed with respect to the area of 587 square meters and 8 square meters of F forest in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Y.

The grounds for registration are: (a) voluntary auction (Y) on August 13, 2010; (b) on July 23, 2009; (c) on February 25, 2011, sale and purchase (Y) on July 29, 2010; (c) on February 1, 2016, on February 1, 2016, the date of the registration of transfer of gift ownership on August 13, 2010 (F) on the date of the registration of transfer of gift ownership on August 13, 2010 (Y)/ on February 25, 2011 (F) on June 20, 201.

B. The Plaintiff completed the registration of ownership transfer under M’s name with respect to each of the above lands on August 13, 2010 is based on the Plaintiff and M’s title trust agreement.

C. Before the division and merger, the Plaintiff owned the Plaintiff with the area of 29m2, 121m2, and 15m2 in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul. However, the registration of ownership transfer was made in Defendant B through M, etc.

On December 29, 2016, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Y, 587 square meters of F forest, 8 square meters of G forest, 29 square meters of G forest, 121 square meters of H, and 15 square meters of AA forest, in the city of Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter referred to as “instant land”), and if it is not necessary to clearly distinguish the land prior to the division and merger, all land prior to the division and merger shall also be referred to as “instant land”).

E. With respect to the instant land, two establishment registration of a neighboring mortgage (the establishment registration of a neighboring mortgage completed by the Daejeon District Court on November 18, 2016 and the establishment registration of a neighboring mortgage completed by the head of the Daejeon District Court on January 10, 2017 as of January 10, 2017) has been completed to Defendant C Co., Ltd. (hereinafter “Defendant Bank”).

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 5 evidence, Eul evidence 14 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. Determination on the cause of the claim 1) Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”)

Articles 4 (1) and (2) shall apply to any title trust agreement and any change in the real rights to any real estate made by registration under the title trust agreement.

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