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(영문) 대구지방법원 2020.02.13 2019나309335
소유권말소등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On January 20, 1962, the Plaintiff acquired ownership of 2,017 square meters in Yongcheon-si D (hereinafter “instant land”) and sold the instant land to the Rural Development Corporation on March 31, 1994.

B. Since then, the Daegu District Court’s Youngcheon District Court’s receipt of April 14, 1994, as Defendant C’s receipt No. 10283 on April 12, 1994, the registration of ownership transfer was completed on the ground of sale as of April 12, 1994, and the registration of ownership transfer was completed on the ground of sale as of August 8, 201 by Defendant B, as of August 8, 201, as of the same registry office, as of August 8, 2011.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff purchased the instant land from the Rural Development Corporation on April 12, 1994, and purchased it under the name of Defendant C in trust with Defendant C, and subsequently, on August 8, 2011, Defendant B trusted the title of the instant land and completed the registration of ownership transfer in the future.

Therefore, the above registration of ownership transfer in the future of the Defendants is null and void as it is in accordance with the Plaintiff’s title trust agreement. Therefore, the Defendants are obligated to cancel each registration of ownership transfer completed on the instant land to the Plaintiff.

B. According to the purport of Gap evidence No. 4 and all pleadings as to the claim against defendant C, the plaintiff purchased the land of this case from the Rural Development Corporation on April 12, 1994 and entrusted the title to defendant C with the title of this case and completed the registration of ownership transfer as to the land of this case in the name of defendant C. After August 201, the plaintiff terminated the title trust with defendant C and the land of this case, and requested defendant C to implement the registration procedure for ownership transfer as to the land of this case in lieu of the plaintiff by way of restitution to its original state. Accordingly, the registration of ownership transfer as to the land of this case is completed in the future of defendant C on August 8, 2011.

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