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(영문) 부산지방법원 2020.09.10 2019가단331569
원인무효로 인한 소유권이전등기말소
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The deceased K (hereinafter “the deceased”) died on February 29, 2008, and the Plaintiffs succeeded to the deceased’s children.

B. As to the portion of each real estate listed in the separate sheet, the ownership transfer registration under the name of the deceased was made on March 13, 1990 by the Busan District Court Busan District Court Registry No. 2767, Mar. 13, 1990. The ownership transfer registration under the name of Defendant E and F was made as follows.

EF

C. Thereafter, with respect to each share owned by Defendant E and F, the registration of ownership transfer was completed in each of Defendant G, H, I, and J as follows:

1) Details of the transfer of shares in Defendant F’s name GH2) fact that there is no dispute over the transfer of shares in Defendant E’s name HIJ (based on recognition), each entry in the evidence Nos. 1 through 6 (including paper numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiffs' assertion was that the deceased entered into a title trust agreement with Defendant E and F, and that 1.B.

Defendant E and F concluded a title trust agreement with Defendant G, H, I, and J. After completing each registration of ownership transfer as described in the paragraph, they concluded the title trust agreement again with Defendant G, H, I, and J, the above 1.C.

The registration of ownership transfer was completed in each paragraph.

However, according to the Act on the Registration of Real Estate under Actual Titleholder’s Name, each transfer of ownership under the name of the Defendants pursuant to a title trust agreement is null and void. Thus, the Plaintiffs, the deceased’s inheritors, seek implementation of the procedure for the cancellation of each transfer of ownership under the name of the Defendants, by exercising

B. The evidence presented by the Plaintiff was insufficient to acknowledge that each title trust agreement was concluded between the deceased and the Defendant E, F, Defendant E, F, and Defendant G, H, I, and J, based on the presumption of registration, and there is no other evidence to acknowledge otherwise.

3. In conclusion, the plaintiffs' claims against the defendants are dismissed since they are without merit.

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