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(영문) 수원고등법원 2020.11.05 2020나10424
소유권이전등기
Text

The defendant assistant intervenor's appeal is dismissed.

Expenses for appeal shall be borne by the defendant supplementary intervenor.

purport, purport, and.

Reasons

1. Basic facts

A. On September 11, 2002, the Plaintiff and the Intervenor joining the Defendant (hereinafter “the Intervenor”) purchased from the Defendant KRW 895,00,000 for the sales price of KRW 895,00,00 for four parcels of land, including the land of this case, G road, 124 square meters, and H 24 square meters for four parcels of land, including the land of this case, and the land of D and I land of this case (hereinafter “instant building”; and the land of this case, including the above four parcels of land and the building above, were purchased from the Defendant for KRW 91,50,00,000 for sales price.

B. At the time of the conclusion of the above sales contract (hereinafter “the instant sales contract”), the Plaintiff and the Intervenor and the Intervenor agreed to pay the remainder in lieu of the remainder by taking over the secured debt of the right to collateral security established on each of the instant real property on September 25, 2002 at the time of the contract, the intermediate payment of KRW 335,000,000,000, and the intermediate payment of KRW 470,000,000 on October 8, 2002.

C. Among the above lands on October 7, 2002, the registration of ownership transfer was completed in the name of the intervenor, F, and H with respect to each land in the name of the plaintiff, and the registration of ownership transfer was completed in the name of the plaintiff, and with respect to G road and the building in this case, the registration of ownership transfer was completed in the proportion of 1/2 shares in each of the plaintiff and the intervenor.

The plaintiff and J are married couples, and the intervenor and K are married couples.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional evidence) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Intervenor purchased 1/2 shares of each of the instant real estate from the Defendant, and the Plaintiff purchased 1/2 shares of each of the instant land from the Defendant, and the registration of ownership transfer was completed from the Defendant to the Intervenor under title trust with respect to the instant land.

This is so-called ‘three-party registered title trust', and both a title trust agreement and registration following it are invalid, but between the plaintiff and the defendant.

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