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(영문) 대전지방법원 2018.02.13 2016나112721
소유권이전등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiffs' primary reasons added or changed by this court are as follows.

Reasons

1. The grounds for this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning for this decision regarding Defendant C’s main defense is as stated in this part of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment as to the main claim

A. As to the claim for ownership transfer registration based on the restoration of real name, Plaintiff A’s assertion and Defendant C had purchased the instant land from Defendant Corporation and decided to transfer the ownership in the name of Plaintiff A. In full, the Plaintiffs paid the purchase price, etc. of the instant land. Defendant C knew the Plaintiffs and transferred the instant land in the name of Defendant C. As such, the real registered titleholder of the instant land between the Plaintiffs and Defendant C is the Plaintiff. Therefore, Defendant C is liable to implement the procedure for ownership transfer registration based on the restoration of real name with respect to the instant land. (ii) As to the claim for ownership transfer registration based on the restoration of real name, in lieu of seeking the cancellation of the registration against the current registered titleholder, it is claimed for the restoration of real name based on the ownership instead of seeking the cancellation of the registration. Therefore, the registration of real name was not made in the future, and the person who did not acquire ownership under the law but did not acquire ownership pursuant to the ownership cannot file a claim for ownership transfer registration to recover the real name.

(see, e.g., Supreme Court Decision 2002Da64148, May 13, 2003). Gamblocks, as to the instant land, the ownership transfer registration was made in the Plaintiff A’s name regarding the instant land.

or the plaintiff A acquired the ownership of the land of this case under the law.

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