(영문) 수원지방법원 2017.09.28 2017나50041

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(영문) 수원지방법원 2017.09.28 2017나50041

소유권이전등기말소 등

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1. The plaintiffs' appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Upon the request of the plaintiffs E (the plaintiff's punishment, the husband of the defendant C, and the father of the defendant D), each of the real estate listed in the separate sheet owned by E (hereinafter "each of the real estate of this case"). The plaintiffs obtained permission for auction by 1/2 shares each of the plaintiffs' names in the auction procedure for the voluntary auction procedure for "No. 1 real estate" and "No. 2 real estate listed in the same list" listed in the separate sheet, and accordingly completed the registration of ownership transfer for each of the real estate of this case on October 26, 199 by 1/2 shares each of the plaintiffs as to the real estate of this case. (b) The registration of ownership transfer for each of the real estate of this case was completed due to voluntary auction on January 30, 2003, No. 8400 received on January 30, 2003, and No. 8400, Jan. 30, 2003, the registration of ownership transfer for each of the plaintiffs' shares of this case was completed.

2. The parties' assertion

A. The plaintiffs asserted in the plaintiffs around early 2003 and around early 2003, the plaintiff A received from E the amount of KRW 60 million and KRW 340,17 square meters of forest land in Jungwon-gun, Jungwon-gun (hereinafter referred to as "hyeongwon-gun"). The plaintiff B decided to acquire the debt borrowed from the Korea Housing and Commercial Bank as security of each of the real estate of this case on the condition that E will be exempted from liability, and the plaintiffs sold their shares among each of the real estate of this case and agreed to complete the registration in the future, and accordingly, the registration of ownership transfer was completed in the future of the defendants.

This constitutes a third party registered title trust, and thus, the title trust agreement between E and the Defendants is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), and the ownership transfer registration accordingly becomes null and void.

Even in the case of the defendants, the plaintiffs and E perform their duty of return of unjust enrichment equivalent to the successful bid price.

참조조문

-부동산 실권리자명의 등기에 관한 법률

유사 판례

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-춘천지방법원 2015.06.24 2015가합5583