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(영문) 대전지방법원 2016.11.29 2014가단216710
소유권이전등기말소 등
Text

1. The plaintiffs' lawsuit against the defendant C is dismissed.

2. Defendant G and H are indicated in the separate sheet to each of the Plaintiffs.

Reasons

1. Basic facts

A. The relationship 1 between the plaintiffs and the defendant C is the child of the deceased I. 2) The deceased on February 2, 1990. The deceased's heir of the deceased C, the plaintiffs, K, L, M, and N as the deceased's spouse's heir of the deceased I.

B. (1) Any real estate indicated in the separate sheet owned by theO (hereinafter “instant real estate”) shall be registered as the ownership transfer registration of the instant case

(2) As to the sales contract of July 24, 1996 (hereinafter “instant sales contract”).

(2) On July 29, 1996, the registration of ownership transfer under Defendant C’s name (hereinafter “instant registration of ownership transfer”) was received as of July 29, 1996

(2) The O died on December 7, 1998 and jointly inherited the property of Defendant D, E, F, P, and H.O. The inheritance shares of the said Defendants are 1/5, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1, 2, Gap evidence 11-1 and 11-2, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The parties to the instant sales contract to the Plaintiffs and Defendant C, and the Plaintiffs jointly purchased the instant real estate from theO with Defendant C, and trust the registration name of each 1/3 share of the instant real estate to Defendant C.

B. Therefore, since the portion of 2/3 shares out of the instant registration of ownership falls under a three-party title trust, and is null and void pursuant to Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, Defendant D, E, F, P, and H, the seller’s heir, is obligated to implement the procedure for the registration of ownership transfer based on the instant sales contract with respect to 2/3 shares out of the instant real estate in accordance with the instant sales contract. The Plaintiffs, the purchaser of 2/3 shares out of the instant real estate, who is the 2/3 share purchaser of the instant real estate, seek for the cancellation of the part of 2/3 shares out of the instant registration of ownership transfer to Defendant C

3. Determination as to claims against Defendant C, D, E, and F

A. The plaintiffs of this case.

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