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(영문) 광주지방법원 2021.01.14 2020가단527150
소유권이전등기말소등기 등
Text

Attached Form

With respect to real property listed in the list:

A. Defendant B: (a) on December 12, 2012, 2019, filed with Defendant C for registration of the Gwangju District Court.

Reasons

1. Basic facts

A. On October 12, 2019, the Plaintiff purchased real estate listed in the separate sheet owned by Defendant C (hereinafter “instant real estate”) from Defendant C in the purchase price of KRW 272,00,000,000, and entrusted the name of the registration of the instant real estate to Defendant B, the mother, and Defendant C was well aware that the Plaintiff was the actual purchaser of the instant real estate, and only the name of the purchaser was the Defendant B.

B. After paying the full purchase price to Defendant C by December 12, 2019, the Plaintiff completed the registration of the transfer of ownership in the name of Defendant B, the trustee of title No. 227065, Dec. 12, 2019, as to the instant real estate by December 12, 2019.

[Reasons for Recognition] Defendant B: The absence of dispute, entry in Gap evidence Nos. 1 through 4 (including each number), the purport of the whole pleadings, and the purport of the whole pleadings: deemed confession (Article 150(3) of the Civil Procedure Act)

2. According to the above facts of determination as to the cause of the claim, the parties to the sales contract for the instant real estate are the Plaintiff and Defendant C, and the Plaintiff only purchased the instant real estate and completed the registration of ownership transfer in the name of Defendant B. Thus, the title trust agreement between the Plaintiff and the Defendant constitutes a trust in the name of the so-called third party.

Therefore, Defendant C is obligated to implement the registration procedure for the transfer of ownership on October 12, 2019 with respect to the instant real estate to the Plaintiff, who is the purchaser of the instant real estate.

In addition, since the title trust agreement between the plaintiff and the defendant B and the registration of transfer of ownership in the name of the defendant B is made by a trust in the name of a third party, and is null and void pursuant to Article 4 (1) and the main text of Article 4 (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the defendant B is obligated to implement the registration procedure for cancellation of ownership in the name of the defendant B, which was completed with respect to the real estate in this case to the defendant C, and the plaintiff is obliged to preserve the right to claim the above transfer registration against

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