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(영문) 대전지방법원 서산지원 2018.09.20 2018가합50132
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The net E (Death on March 25, 1991) and F had children under the slick, Defendant (Namnam), Plaintiff B (Mirm), A (Nam), and C (Seoul).

B. The Defendant completed the registration of ownership transfer on March 25, 1991 with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the network E on June 20, 192, based on inheritance by consultation and division.

C. On October 7, 2016, the Defendant sold real estate Nos. 1 through 5 of the attached list among the instant real estate to G and completed the registration of ownership transfer after selling the real estate in the purchase price of KRW 7.20 million.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 2, the purport of the whole pleadings

2. The plaintiffs, the successors of the plaintiffs' assertion E, the defendant, and the F agreed to complete the registration of ownership transfer of each of the instant real estate in the name of the defendant, South Korea, and distribute it fairly according to the inheritance shares in the future at the family meeting held on the third day after the death of the deceased E.

As such, a title trust agreement made between the plaintiffs and the defendant with respect to each real estate of this case and each transfer registration under the name of the defendant is null and void pursuant to Article 4 (1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Thus, the defendant is obligated to pay to the plaintiffs the remaining amount of KRW 30,909,090,090, which is the remainder obtained by deducting the amount of KRW 100,09,090,090, which is the amount calculated by deducting the amount of KRW 100,000,000,000, which is the portion of the plaintiffs’ share in inheritance (2/11) from the purchase price of real estate of KRW 130,90,09,09,090, which is

3. Determination

A. Since a person registered as an owner with respect to real estate in the relevant legal doctrine is presumed to have acquired ownership by due process and cause, such registration is based on title trust.

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