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(영문) 서울남부지방법원 2018.05.24 2017가단219267
소유권말소등기
Text

1. The defendant,

A. The Incheon District Court strengthening registry office with respect to the real estate stated in paragraph 1 of the attached list to the plaintiff A.

Reasons

1. The registration of ownership transfer was completed on December 10, 201 with respect to the real estate listed in paragraph (1) of the Attached List No. 1 (hereinafter “instant land”), which was owned by Plaintiff B (hereinafter “instant land”), under the name of Plaintiff A, a child of Plaintiff B, and thereafter, with respect to the said real estate, the registration of ownership transfer was completed on December 28, 2010 under the name of the Defendant on December 29, 2010. The registration of ownership transfer was completed on July 19, 201 with respect to the real estate listed in paragraph (2) of the Attached List No. 2 of the instant land (hereinafter “instant building”). There is no dispute between the parties.

2. Judgment on the cause of the claim

A. The plaintiffs trusted the land and buildings of this case under the name of the defendant, and since the title trust agreement on each of the above real estate was in violation of the Act on the Registration of Real Estate under Actual Titleholder's Name and thus null and void, each of the above registrations in the name of the defendant should be cancelled. Since the plaintiff B is the actual owner of the building of this case, the defendant asserts that the plaintiff B is liable to implement the procedure for the registration of ownership transfer for the restoration

The defendant asserts that the defendant is a legitimate owner since he concluded a sales contract with the plaintiffs on the land and building of this case and paid the price in full.

B. According to the statements in the evidence Nos. 1 and 2 (including a serial number; hereinafter the same shall apply), the defendant entered into a sales contract with the plaintiff on December 28, 2010 with respect to the land and the building of this case (the existing building before the new construction of the building of this case) with the plaintiff on December 28, 2010 and transferred the purchase price to the plaintiff A until January 3, 2011 from that date. However, the following circumstances, which are acknowledged by comprehensively considering the purport of the entire pleadings in each statement in the evidence Nos. 3 and 10, are acknowledged, namely, the wife of the plaintiff B before the defendant deposits the purchase price to the plaintiff A.

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