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(영문) 청주지방법원 2019.09.05 2018가단21296
소유권이전등기
Text

1. The plaintiff's primary defendant and the conjunctive defendant are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. A. Around February 9, 1997, D was a forest belonging to the original Chungcheongbuk-gun, Seo-gu, Seowon-gu, Seowon-si, the time of subdivision to Defendant B. However, on July 1, 2014, under the Act on Special Cases concerning the Establishment and Support of Chungcheongbuk-do, the petition group was integrated into the Si of Cheongju-si, and it is indicated as an administrative district for convenience.

E Contract was concluded to sell approximately KRW 80,000,000 for forest land of approximately 6,502 square meters (hereinafter “instant forest”).

B. However, in fact, KRW 30,00,00 out of the purchase price of the instant forest land was borne by the Plaintiff, KRW 30,000,00 by the Plaintiff, and KRW 20,000,00 by the Defendant C, respectively (the Plaintiff, Defendant C, and networkF are deemed to be a penalty). The purchase and sale contract described in paragraph (a) was based on the trust of the Plaintiff, Defendant C, and networkF with the Defendant B, the wife of the Defendant C.

After April 23, 1997, D had completed the registration of transfer of ownership on April 16, 1997 with respect to the forest of this case to Defendant B.

C. Since August 2005, part of the instant forest was divided into road sites and expropriated. Accordingly, the instant forest area was changed into 5,345 square meters.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 3 evidence, the purport of the whole pleadings

2. Determination as to the primary claim against Defendant B

A. The Plaintiff’s summary 1) The actual purchaser of the instant forest is the Plaintiff, Defendant C, and the network F. The registration of ownership transfer in Defendant B regarding the instant forest according to the three-party registered title trust between the said actual purchaser and the seller D. The above title trust agreement and the ownership transfer registration following the agreement are completed. The Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

) Since the Plaintiff is null and void in violation of Article 4, the Plaintiff seeks to implement the procedure for cancellation of ownership transfer registration that completed with respect to the forest of this case on behalf of the seller D in subrogation of the seller D, and Defendant B is also the forest of this case in 2015.

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