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(영문) 춘천지방법원 2018.05.09 2017나51607
소유권말소등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) and F, around July 2003, concluded an exchange contract with respect to each real estate listed in attached Table 1 (hereinafter “the instant real estate”) and each real estate listed in attached Table 2, F, owned by the deceased (hereinafter “exchangeed real estate”), assessed the value of the instant real estate as KRW 429 million, the value of the exchanged real estate as KRW 734 million, and decided to complete the registration of ownership transfer for the instant real estate by reason of donation and for the exchangeable real estate as the reason of sale.

(hereinafter “instant exchange contract”). (b)

Accordingly, on July 24, 2003, the Deceased and F entered into a sales contract by setting the sales value of the exchanged real estate as KRW 350 million, which is the difference between the value of the real estate exchanged in this case and the real estate exchanged.

(hereinafter “instant sales contract”). C.

The Deceased and F decided to register the ownership transfer of the instant real estate in the name of the Defendant, who is the child of F (hereinafter “instant agreement”), and on September 8, 2003, the Deceased completed the registration of ownership transfer on the instant real estate to the Defendant on September 4, 2003.

The Deceased died on November 19, 2010, and the Plaintiff A’s wife, Plaintiff B, and C are children of the Deceased.

E. On October 10, 2017, the Defendant sold the instant real estate in F with KRW 70 million, and completed the registration of ownership transfer in F’s name on November 13, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, 13, 15, Eul evidence No. 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. The plaintiffs' assertion 1F entrusted the registration title of the real estate of this case to the defendant under the agreement of this case while entering into an exchange contract with the deceased as above. This constitutes a three-party registered title trust and the registration under the name of the defendant is the Act on the Registration of Real Estate under Actual Titleholder's Name.

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