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(영문) 대구지방법원 2018.09.19 2018가단103393
소유권이전등기
Text

1. Of the real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant), Defendant C shall have regard to the share of 3/9, and Defendant D, E, and F, respectively.

Reasons

1. Determination as to the claim against Defendant B among the principal lawsuit

A. Facts of recognition 1) Defendant B’s real estate listed in the net G on September 2002 and the attached list (hereinafter “instant housing”)

2) The sales contract for the instant sales contract to be purchased at KRW 100 million (hereinafter “instant sales contract”).

2) On December 13, 2002, 57532 (hereinafter “instant transfer registration”) had been completed against Defendant B with respect to the instant housing as the Daegu District Court No. 57532.

3) The deceased on December 10, 2003, the deceased on December 10, 2003, there were Defendant D, E, and F, the spouse of the deceased on December 10, 200. The heir of the deceased on December 3, 200, there were 3/9 shares in inheritance of Defendant C, and the inheritance shares of Defendant D, E, and F are 2/9C, respectively. [In the absence of any grounds for recognition, the entry in the evidence No. 1-2, and evidence No. 3, and the purport

B. The parties’ assertion 1) Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) is the Plaintiff.

(2) On September 13, 2002, the Plaintiff purchased the instant house from Dong G on KRW 100 million. The Plaintiff’s assertion sought understanding on the Plaintiff’s circumstances, prepared a separate sales contract under Defendant B’s name, and completed the registration of ownership transfer in Defendant B’s name by paying the purchase price in full. This constitutes a three-party registered title trust, and thus, the registration of ownership transfer in this case is invalidated under the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the ownership of the instant house is returned to the deceased’s heir (Defendant C, D, E, and F). As such, Defendant C, D, E, and F may seek the cancellation of the instant ownership transfer registration, which is null and void, on behalf of Defendant C, D, E, and F. Accordingly, Defendant B has the obligation to cancel the instant ownership transfer registration with respect to each share of 3/9 of the real estate listed in the attached list to Defendant C, Defendant D, and E’s claim that Defendant B had the obligation to cancel the ownership transfer registration).

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