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(영문) 서울고등법원 2015.11.11 2015나2016482
소유권말소등기
Text

1. The plaintiff's appeal and the defendant limited partnership company's selective claims against the defendant limited partnership company B added in the trial are all dismissed.

2...

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) adding "after the enforcement date" to "after August 8, 2003," following the first instance court's decision No. 4, No. 11; (b) a claim for ownership transfer registration based on an agreement for ownership transfer to Defendant B added in the court of first instance; and (c) a creditor's subrogation against Defendant C's subrogation as stated in the reasoning for the judgment of the first instance, except for the determination as mentioned in paragraph (2) below; and (d) a claim for ownership transfer registration based on an agreement for ownership transfer with respect to Defendant B added in the court

2. The Plaintiff, as the representative member of Defendant B, at the time the Plaintiff was awarded the bid for each of the instant real estate in Defendant B’s name by providing the purchase fund, agreed to transfer the title of each of the instant real estate to the Plaintiff when the Plaintiff’s situation is stable, that the Plaintiff himself/herself had the right to claim the transfer of ownership regarding the instant 2 and 3 real estate due to the transfer agreement in the above name, and as to Defendant B, he/she seeks the implementation of the procedure for the transfer registration of ownership against Defendant B by selective claim for the return of unjust enrichment, and as to Defendant C, he/she subrogated the Defendant B by claiming the above right to claim the transfer registration of ownership as the preserved bond.

(On the other hand, with respect to the real estate No. 1 in this case, there is no assertion that the above nominal transfer agreement has been made between himself and Defendant C’s former representative E or Defendant C’s present representative F. However, with respect to the purchase of real estate after the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name, if the title trust relationship between the actual obligor of the purchase price and the nominal holder is established, the agreement was reached between them, such as transferring the title of the real estate to the actual obligor’s name at the

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