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(영문) 수원지방법원평택지원 2016.02.24 2015가단7843
소유권이전등기등
Text

1. Defendant B, D, E, F, G, and H are the Suwon District Court with respect to each one-seven portion of the area of 2466.3 square meters in Ansan-si J in 246.3 square meters.

Reasons

1. Facts of recognition;

A. The Plaintiff intended to purchase from Defendant I a land transaction permission area JJ 24663m2 (hereinafter “instant real estate”) in Ansan-si located within the land transaction permission area.

B. In the same place where L, etc., the father of the Plaintiff, K, Defendant I, and the instant real estate were introduced, the Plaintiff explained to Defendant I that the actual buyer of the instant real estate was the Plaintiff, but the actual buyer was the Plaintiff, and concluded a sales contract by lending the name of K, and that the buyer was K between Defendant I and the buyer, and the date of preparation was December 15, 2004 (hereinafter “instant sales contract”).

C. After doing so, K completed the registration of ownership transfer in its name (hereinafter “instant registration”) in the Suwon District Court’s Ansan Branch on December 31, 2004, received on December 31, 2004 by No. 58482.

On the other hand, after the death of September 27, 2006, K succeeded to the property of the Plaintiff, Defendant B, D, E, F, G, and H, each of 1/7 shares, which are their children (hereinafter “the deceased”).

E. After the registration of this case, the Plaintiff has been holding the certificate of registration of the real estate of this case until now, and Defendant B, D, E, F, G, and H did not have any record of holding the above certificate of registration.

F. In addition, on March 9, 2006, the Plaintiff, when completing the registration of creation of a collateral security with respect to the instant real estate as the deceased’s debtor, was charged with the fees of a certified judicial scrivener, and paid the property tax on the instant real estate. Since the registration of this case, the Plaintiff leased the instant real estate to L.

[Reasons for Recognition] Unsatisfy Facts, Gap's statements in Gap's 1, 3 through 10 (including each number), the witness's testimony, the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, it is reasonable to view that the Plaintiff purchased the instant real estate from Defendant I and entered into a so-called three-party title trust agreement with the deceased, and completed the registration of this case in the future.

On the other hand, real estate.

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