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(영문) 춘천지방법원원주지원 2019.06.20 2018가단304563
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on February 2, 2006 on the land of 440 square meters (hereinafter “instant land”) prior to G in Kuju-si, Han-si (hereinafter “H”) around the 8th day of the same month on the ground of sale as of February 2, 2006.

B. The deceased I (hereinafter “the deceased”) died on March 11, 201, and the instant land was transferred to the deceased’s heir as to the shares of Defendant B, C, D, E, F, and 1/6, respectively, due to inheritance.

[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 4 evidence, the purport of the whole pleadings

2. The plaintiff's assertion

가. 원고는 피고 B가 모친 망 J의 묫자리로 사용하기 위해 이 사건 토지의 매수를 권유하여 원고가 매수자금을 대고 피고 B로 하여금 원고의 대리인 자격으로 매매계약을 체결하도록 하여 이 사건 토지를 매수하되, 피고 B의 제안으로 위 토지의 소유권이전등기만을 망인의 명의로 마친 것이다.

B. Therefore, during the deceased’s survival, the registration of ownership transfer was completed under the name of the deceased pursuant to the title trust agreement. The Defendants, who completed the registration of ownership transfer with respect to each inherited share among the instant land due to inheritance from the deceased, are liable to implement the procedures for the registration of ownership transfer with respect to each share of the instant land among the instant land due to the termination of title trust to the Plaintiff.

3. Determination on the cause of the claim

A. According to Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), the title truster and the title trustee entered into a contract under a title trust agreement with the owner who was not aware of the fact that the title trust agreement was concluded, and completed the registration of ownership transfer of the pertinent real estate in the name of the trustee according to such contract.

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