logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.11.14 2018나54712
소유권이전등기
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 plaintiff's ground of claim

A. A. Around 1918, the Plaintiff: (a) acquired the instant forest under the name of Nonparty F, which was the cause of the principal claim; (b) around 1918, the Plaintiff and Nonparty F had a title trust relationship; (c) Nonparty E, the cause of the principal claim, left the clan around 1990; (d) Nonparty G sought E around 191 and solicited Nonparty G to sell the instant forest that was unregistered at the time.

E sold the instant forest land to the Defendant, Nonparty H, I, and J, the wife of G on December 27, 1990.

3) G filed a lawsuit against the State for the confirmation of ownership of the instant forest by borrowing the F’s name, E, etc., from Suwon District Court Decision 91Da4900. On May 28, 1991, the said court rendered a favorable judgment of the Plaintiff E, etc. on May 28, 1991, and accordingly, the registration of ownership preservation by share in the name of E, etc. was completed on December 7, 1991. 4) Thereafter, the instant forest was later registered as the ownership transfer of the Defendant for the remainder 212/24 shares other than Nonparty K and L’s share due to inheritance and sale, etc., as shown in the attached Form Do sheet.

5) Although the forest land of this case is owned by the Plaintiff clan, G and the Defendant actively recommended the sale of the forest land of this case, which is the trust property of the Plaintiff clan, and thus, the sale contract of December 27, 1990 is null and void as an anti-social legal act. Therefore, the Defendant must implement the procedure for the cancellation of the ownership transfer registration to the remaining inheritors of F except K and L with respect to the above 212/24 shares as to the above 212/24 shares, and as the Plaintiff notified on November 24, 2017 to the heir of F including E, etc. of the termination of the title trust contract, F’s heir, including E, is obligated to implement the procedure for the registration of ownership transfer to the Plaintiff.

Therefore, in lieu of the above procedure for cancellation registration and transfer registration, the defendant is obligated to implement the procedure for ownership transfer registration for the portion of 212/224 shares in the forest of this case under the name of the defendant for the restoration of real name.

arrow