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(영문) 인천지방법원 2018.01.17 2017가단8967
소유권이전등기말소 및 소유권이전등기
Text

1. With respect to real estate listed in the annex:

A. Defendant B shall receive on August 29, 2007 from Defendant E the registry office of the Incheon District Court.

Reasons

1. On August 27, 2007, the registration of transfer of ownership in the name of Defendant B was completed on the real estate (hereinafter “instant apartment”) in the attached Form, which was owned by Defendant E, and on August 29, 2007.

On February 17, 2009, Defendant C and D completed the registration of the establishment of a mortgage on the apartment of this case, which constituted the debtor B and the maximum debt amount of 200,000,000.

[Reasons for Recognition] Defendant B: Defendant C, and D: Statement of Evidence No. 1; Defendant E’s purport of the entire pleading

2. Defendant B’s claim against Defendant B and E refers to the cancellation of the ownership transfer registration in his name, and Defendant E does not dispute the Plaintiff’s claim for ownership transfer registration.

Therefore, the plaintiff's claim against the above defendants is accepted.

3. Claim against Defendant C and D

A. The Plaintiff asserted that Defendant E purchased the instant apartment from Defendant E with the Plaintiff’s money and completed the registration of ownership transfer in Defendant B, who was the former wife.

Therefore, Defendant B’s transfer of ownership is subject to the title trust agreement, and is null and void by Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name.

Therefore, the transfer registration of ownership by Defendant B should be cancelled, and Defendant C and D have a duty to express their consent on the registration of cancellation.

B. Since a person registered as an owner of a real estate is presumed to have acquired ownership through legitimate procedures and causes, the fact that the registration was based on title trust has the burden of proof to the claimant.

(See Supreme Court Decision 2007Da90883 Decided April 24, 2008). In this case, only the evidence No. 2 (No. 2) and evidence No. 3 (the Plaintiff’s statement No. F) are insufficient to deem that the registration of transfer of Defendant B’s ownership pursuant to the title trust agreement between the Plaintiff and the Defendant B, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim against the defendant C and D based on this premise.

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