logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2020.01.15 2018가단220293
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant B and C shall be dismissed, respectively.

2. Defendant D shall each be listed in the attached Table to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C are mother and child relations, and Defendant B is the spouse of Defendant C.

B. On September 27, 2003, as to each of the instant real estate owned by Defendant D, a sales contract was prepared on September 27, 2003, stating that the seller’s purchase price shall be KRW 348 million.

(hereinafter referred to as the “instant sales contract”). (C)

With respect to each real estate of this case, the registration of transfer of ownership was completed on October 28, 2003 under the name of Defendant C, and the registration of transfer of ownership was completed on September 19, 2018 under the name of Defendant B on September 18, 2018.

【Reasons for Recognition】 Each entry of evidence Nos. 1, 2, and 3 (including paper numbers) and the purport of the whole pleadings

2. On September 27, 2003, at the time when the Plaintiff entered into the instant sales contract with Defendant D with respect to each of the instant real estate, the Plaintiff agreed to transfer the registration name to Defendant C immediately from Defendant D to Defendant C according to the title trust agreement with Defendant C, thereby forming a three-party registered title trust relationship.

However, pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name, the title trust agreement between the Plaintiff and the Defendant C and the ownership transfer registration under the name of Defendant C are null and void. Defendant B knowingly acquired ownership of each of the instant real estate in collusion with Defendant C, and thus, the registration of ownership transfer under Defendant B is null and void.

Meanwhile, if the registration under a title trust agreement becomes null and void, the title truster may seek the cancellation of the registration under the name of the title trustee on behalf of the seller in order to preserve the seller’s right to claim the transfer of ownership based on the sales agreement.

Therefore, the Plaintiff is seeking against Defendant D, the seller, to implement the procedure for the registration of ownership transfer based on the sale of each of the instant real estate, and the right to claim the registration of ownership transfer.

arrow