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(영문) 서울고등법원 2015.12.24 2015누52847
모집정지처분 등 취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the part added or modified as set forth in the following paragraph (2). Thus, it shall be cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The following shall be added to the part of the judgment of the court of first instance, 6. 5 to the 6. 5th of the same page.

Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name does not require the Plaintiff to return the forest land to another school’s fundamental property when it is sold, on the ground that the Plaintiff was issued a redemption disposition on F, because the forest land was reverted not only to F to the Plaintiff, but also to the Plaintiff through illegal title trust transaction. In addition, in a case where the title truster and the title trustee entered into a contract under the so-called contract title trust agreement and completed the registration of ownership transfer of the relevant real estate under the name of the trustee, the title trustee fully acquires the ownership of the relevant real estate, notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee, even if F and H purchased the forest land under the name of P and completed the registration of ownership transfer in the name of P, as alleged by the Defendant, insofar as the seller of the forest land at P and P were not aware of the title trust agreement between H and HF, the title trustee will acquire the ownership of the forest land at the time of strike, regardless of whether it was a title trust agreement or not.

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