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(영문) 서울남부지방법원 2016.08.25 2016가합1244
소유권이전말소 등
Text

1. As to the lands listed in Annex 1.3:

Defendant C is a senior governmental branch of the District Court to Defendant B.

Reasons

1. Facts of recognition;

A. On May 29, 2006, the Plaintiff purchased each land listed in attached Table 1.1 (hereinafter “instant land”) from Defendant B on May 29, 2006, and agreed that the registration of ownership transfer will be made two as Defendant C. Accordingly, the Plaintiff completed the registration of ownership transfer under Defendant C’s name (No. 56911) on June 2, 2006.

B. Thereafter, the Plaintiff newly constructed a building listed in attached Table 2. Paragraph 1. on the land listed in attached Table 1.3 (hereinafter “instant building”) at the Plaintiff’s expense, and completed registration of preservation of ownership on October 2, 2007 under the name of Defendant C, the landowner, as the same registry office on October 2, 2007.

[Reasons for Recognition] Defendant B: A without dispute, Defendant C: deemed as confession

2. According to the conclusion, since the registration of transfer of ownership in the name of Defendant C, which was made with respect to the instant land, is null and void because it violates the Act on the Registration of Real Estate under Actual Titleholder’s Name, Defendant C is obligated to perform the registration procedure for cancellation to Defendant B, and Defendant B is obligated to perform the registration procedure for transfer of ownership due to sale in May 29, 2006 to the Plaintiff.

In addition, Defendant C is obligated to perform the registration of ownership transfer for the restoration of authentic title against the instant building to the Plaintiff.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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