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(영문) 인천지방법원 2020.03.27 2019나62805
소유권말소등기
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff sought implementation of the procedure for registration of cancellation of ownership transfer by asserting that, on May 10, 2005, the Plaintiff entered into a sales contract with Codefendant B of the first instance trial (hereinafter “B”) on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) (hereinafter “each of the instant real estates”). ② against the Defendants, the Plaintiff entered into a title trust agreement with Defendant E on each of the instant real estates (hereinafter “instant real estates”) with Defendant E on behalf of Defendant C, and subsequently, the registration of ownership transfer was completed in succession in order between Defendant C and Defendant E.

The judgment of the first instance accepted both the plaintiff B and the defendants' claims, and only the defendants appealed.

Therefore, the scope of this court's trial is limited to the claim against the defendants quoted in the first instance judgment.

2. As to the 1/2 portion of each of the instant real estate owned by B, the registration for transfer of ownership rights (hereinafter “the first registration”) was completed in the future of Defendant E (the husband of Defendant C) on the ground of the gift made on September 8, 2006 by the same court No. 117126, which was received on September 8, 2006, for the reason of the purchase and sale on June 10, 2005 by the Incheon District Court Branch of the Incheon District Court from No. 79051, Jun. 105, 2005 to May 10, 2005.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 and 2

3. Summary of the parties' arguments

A. The Plaintiff’s assertion and Defendant C purchased 1/4 shares of each of the instant real estate from B, and the Plaintiff, considering the circumstances, held the title trust of each of the instant real estate shares to Defendant C.

The first and second registrations of this case, which are completed in the future of the defendants, shall be the shares of each real estate of this case.

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