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(영문) 부산지방법원동부지원 2020.11.04 2018가단209043
소유권말소등기
Text

The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

Litigation Costs are assessed against the Plaintiff.

Reasons

1. Basic facts

A. Defendant B is a child between the Plaintiff and Nonparty E.

B. On September 12, 2006, Defendant B made a registration of transfer of ownership (transaction price: KRW 260,000,000) in the name of Defendant B arising from the sale on September 11, 2006 with respect to the land listed in paragraph (1) of the [Attachment A] from Defendant C (hereinafter “instant land”).

C. After October 10, 2012, Defendant B completed the registration of transfer of ownership (transaction price: KRW 83,000,000) in Defendant B’s name on the land listed in Annex B No. 2 (hereinafter “instant land”) from Defendant D on September 27, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The sales contract for each of the instant lands, which is the primary claim, was concluded according to the title trust agreement with the Plaintiff as the title truster and Defendant B, and further, the form of the instant title trust constitutes the so-called “three-party registered title trust.”

Such title trust agreement and the transfer of ownership to Defendant B are null and void in accordance with Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name.

Therefore, with respect to each land of this case, Defendant B shall cancel each registration of transfer of ownership that he completed in his future, Defendant C shall be obligated to complete the registration of transfer of ownership with respect to the land of this case No. 1, and Defendant D shall complete the registration of transfer of ownership with respect to the land

B. Preliminary claim (1) even if the form of title trust in this case does not fall under so-called “three-party registered title trust,” the title trust between the Plaintiff and Defendant B constitutes a seller’s bona fide contract title trust. As such, Defendant B acquired the ownership of each of the instant lands, and accordingly, the Plaintiff, a title truster, acquired the ownership of each of the instant lands, and accordingly, KRW 385,686,390 = The land of this case.

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