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(영문) 인천지방법원부천지원 2017.07.26 2016가합103506
소유권이전등기말소등기 청구 등의 소
Text

1. As to shares of 1/2 of each of the lands listed in the separate sheet:

A. Defendant D, Defendant B, and Defendant B, the Incheon District Court.

Reasons

1. Indication of claim;

A. In around 1994, the Plaintiff and Defendant C jointly purchased each parcel of land listed in the separate sheet owned by Defendant D (hereinafter “each of the instant lands”) and owned 1/2 shares, respectively, but concluded a title trust agreement with Defendant C to complete the registration of ownership transfer in the future without completing the registration of ownership transfer in the Plaintiff’s respective 1/2 shares among each of the instant lands (hereinafter “instant title trust agreement”).

B. On December 21, 1994, the Plaintiff and Defendant C concluded a sales contract with Defendant D to purchase each of the instant lands in KRW 220,000,000 (hereinafter “instant sales contract”), and Defendant D paid each of the remainder KRW 30,000,000 on the date of the contract, intermediate payment of KRW 100,000,000 on December 26, 1994, and the remainder of KRW 90,000,000 on December 28, 1994, respectively.

C. On December 31, 1994, according to the instant title trust agreement, the Plaintiff completed the registration of ownership transfer as to each of each of the instant lands on December 31, 1994, as indicated in Article 1-A-2 of the Order 1-A-2 of the Interim Omission in the future of Defendant C from Defendant D. D, on June 28, 2016, Defendant C completed the registration of ownership transfer as to each of the instant lands on June 28, 2016, as indicated in Article 1-A-1 of the Disposition on June 8, 2016.

E. The Plaintiff did not make a real-name registration as to one-half portion of each of the instant lands within the period from July 1, 1995, which was the enforcement date of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real-Name Registration Act”), and thus, the instant title trust agreement was null and void pursuant to Articles 4, 11, and 12 of the Real Estate Real Name Registration Act. The instant title trust agreement was based on the instant title trust agreement, and the registration of ownership transfer under Article 1-A-2 of the Disposition No. 1, which was completed in the name of Defendant C with respect to one-half portion of each of the instant lands, became null and void.

F. On the other hand, Defendant C’s respective shares of the instant land, each of which was trusted by the Plaintiff, are one-half.

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