(영문) 부산지방법원 2016.11.25 2015가단237898

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(영문) 부산지방법원 2016.11.25 2015가단237898

소유권이전등기

Text

1. Defendant B’s purchase and sale of real estate listed in the separate sheet to the Plaintiff on April 20, 2013.

Reasons

1. Following the facts of recognition are deemed to have been led to the confession between the Plaintiff and the Defendant B. There is no dispute between the Plaintiff and the Defendant C, or it may be acknowledged by taking into account the respective descriptions of evidence A 1 through 3, witness D, E’s testimony, and the entire purport of the arguments as a whole.

Defendant B constructed the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) and completed registration of ownership preservation.

B. However, in order to recover 70,000,000,000 money lent to Defendant B (F) for the purpose of the instant real estate construction fund with F, who is a de facto spouse in a de facto marriage (hereinafter referred to as “the Plaintiff’s spouse”), the Plaintiff entered into a sales contract with Defendant B on April 20, 2013, setting the sales price of the instant real estate as KRW 200,000 (hereinafter “instant sales contract”). The said sales price was the above loan and the collateral security (the maximum bond amount of KRW 152,10,000,000, the debtor B, and the debtor’s and the North Korea Northern Saemaeul Community Credit Depository), on the other hand, the transfer registration was agreed in the name of the Plaintiff or the third party designated by the Plaintiff.

C. Accordingly, the registration of ownership transfer in the name of the Defendant C (hereinafter “the instant registration of ownership transfer”) was completed on May 10, 2013 by agreement between the Plaintiff and the Defendants on May 10, 2013.

2. Determination

A. The facts of recognition of the first claim as to the claim against Defendant B and the registration of ownership transfer of this case are based on the title trust agreement between the Plaintiff and the Defendant C, and are null and void by the Act on the Registration of Real Estate under Actual Titleholder’s Name.

Therefore, Defendant B shall implement the registration procedure for ownership transfer on the instant real estate to the Plaintiff.

참조조문

-부동산 실권리자명의 등기에 관한 법률

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