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(영문) 대구지방법원 2016.04.28 2015가합206267
소유권말소등기
Text

1. On July 10, 2013, the Defendant, with respect to the real estate indicated in the attached list, sold on July 10, 2013, as the grounds for registration.

Reasons

1. Basic facts

A. On July 10, 2013, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), sold the instant real estate in KRW 1.2 billion. Upon C’s request, the Plaintiff entered into an agreement with C to enter the name of the purchaser and the ownership transfer registration name into the agreement to enter the purchase price in KRW 1.8 billion under the sales contract (hereinafter “instant agreement”).

On August 6, 2013, the Plaintiff, along with C and the Defendant, drafted a sales contract with the term “1.8 billion won of the sale price, the buyer, the Defendant, and the date of concluding the contract,” which read as “as of July 10, 2013.”

B. Pursuant to the instant agreement, the Plaintiff completed the registration of ownership transfer as to the instant real estate in the name of the Defendant under the name of the Daegu District Court (Seoul District Court Registry No. 96619, Aug. 6, 2013).

C. Meanwhile, the Defendant and C were indicted by the Daegu District Court 2014 high-level9270 on the ground that they registered the instant real estate in the name of the title trustee pursuant to the interim omission trust agreement, as seen above, and was ordered to a summary order of KRW 1 million for the Defendant on July 18, 2014, and KRW 2 million for C, and the said summary order became final and conclusive around that time.

【In the absence of dispute over the grounds for recognition, Gap evidence 1, 3-1, 2, 7, 8-1 and 2-2, the purport of the whole pleadings

2. According to the above facts of recognition, C purchased the instant real estate from the Plaintiff and made an interim omission title trust agreement between the Defendant and the Defendant, and accordingly, transferred the ownership transfer registration of the instant real estate from the Plaintiff to the Defendant.

The above title trust agreement is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name. The registration of ownership transfer made pursuant to the above agreement is null and void pursuant to Article 4(2) of the same Act.

Therefore, the defendant.

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