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(영문) 창원지방법원 거창지원 2017.02.07 2016가단11504
소유권이전등기
Text

1. As to the Plaintiff’s forest D, 8,236 square meters in Gyeongnam-gun, Gyeongnam-gun:

A. Defendant B is the Changwon District Court Development Registry on March 2008.

Reasons

1. On March 20, 2008, the Plaintiff purchased from Defendant C’s family members (hereinafter “Defendant C”), D forest land D 8,236 square meters (hereinafter “instant real estate”), from Defendant C’s family members, and on December 23, 2008, forest land E E 14,447 square meters (hereinafter “instant 2 real estate”).

However, the Plaintiff entered into a title trust agreement with Defendant B, who is a son, and completed the registration of ownership transfer from Defendant B with respect to each real estate of this case Nos. 1 and 2.

The so-called "third party registered title trust" is null and void since the change in the real rights to the real estate of this case, which was made according to the above title trust agreement and the registration following the above title trust agreement, the real estate of this case 1 and 2 is still owned by the defendant clan. The defendant clan can seek cancellation of each ownership transfer registration against the defendant Eul as a claim for removal of interference based on ownership, and the plaintiff can seek implementation of the registration by subrogation of the defendant clan as the creditor of the defendant clan. Accordingly, with respect to the real estate of this case in this case. As to the plaintiff, the defendant Eul is obligated to perform the procedure for cancellation registration of ownership transfer registration as stated in the Disposition 1, and the defendant clan is obligated to perform the procedure for cancellation registration of ownership transfer registration as stated in the Disposition 2, and the defendant clan is obligated to perform the procedure for cancellation registration of ownership transfer registration as stated in the Disposition 2, and the defendant clan is obligated to perform the procedure for registration of ownership transfer as a result of sale on December 23, 2008.

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