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(영문) 서울고등법원 2014.06.26 2014누2135
부동산실권리자명의등기법과징금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance is reasonable, and thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[However, among the judgment of the court of first instance, the part of the first instance: ① “A according to the sales contract prepared by C with respect to the apartment of this case purchased from F and G on January 25, 2005,” “The sales contract made between C, F and G on the apartment of this case,” ② On January 25, 2005, “the part” on the date of the fifth party contract, “The third party contract” was deposited into C, and ③ on January 25, 2005, the interest of the above loan was paid from the said account if the Plaintiff deposited money into the account in the name of C, and the interest of the above loan was paid from the said account (see subparagraph 2, No. 77). The Plaintiff asserted that the actual owner of the apartment of this case is the owner of the apartment of this case, and the disposition of this case was unlawful.

Therefore, according to the facts cited above and evidence, the apartment house of this case is merely owned by the plaintiff as C on the register, and it is based on the premise that the plaintiff actually acquired the apartment house of this case and entrusted its ownership to C in the name of the plaintiff. In addition, the plaintiff's exercise of rights and obligations as the owner of the purchase fund, payment of the purchase price, payment of interest on the secured loan, and management of lease, etc., were led by the plaintiff. In addition, the money and the sale price of the above apartment of this case were directly reverted to the plaintiff and used as a result of the plaintiff's judgment and necessity. The apartment of this case is also based on the premise that the plaintiff actually acquired the apartment of this case, and the circumstances of the plaintiff's assertion were considered.

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