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(영문) 수원지방법원 2016.02.18 2015나28378
매매예약을원인으로한소유권이전등기
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 court's explanation concerning this case is as follows, since the part of the fifth to twelve of the judgment of the court of first instance other than the dismissal is the same as the entry of the reasons of the judgment of the court of first instance, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The above provisional registration was cancelled and the registration of ownership transfer in the name of the defendant was completed after the registration of ownership transfer in D as to the land in this case was completed, and the fact that the plaintiff holds the registration certificate of ownership of the land in this case is acknowledged in full view of the purport of the entire pleadings as seen earlier.

However, the above facts alone are insufficient to recognize that D was aware of the fact of a title trust agreement between the Defendant, E, and F, and even if D knew of the above fact of the title trust agreement, there is no evidence to acknowledge that D concluded a sales contract with the intent of directly reverting the legal effect of the contract to E and F, not the Defendant, the contracting party, but the title truster.

Therefore, even if there was a title trust agreement between E and the Defendant on the instant shares, it should be deemed as a contract title trust.

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