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(영문) 인천지방법원 2017.01.24 2015가단243704
소유권이전등기말소 등 청구
Text

1. As to real estate listed in the separate sheet:

A. Defendant (Counterclaim Plaintiff) E is the Incheon District Court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Nonparty G died on September 3, 2015, and his heir, who is the spouse, Plaintiff B, C, and D, who is the spouse.

The plaintiffs' shares in inheritance are as shown in the attached list.

Defendant E is the opinion of the network G.

B. On June 9, 2004, a sales contract was prepared between the deceased G and Defendant F with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as KRW 135,00,000, which is set forth in the purchase price as KRW 135,000.

(hereinafter referred to as the “instant sales contract”) under the said sales contract.

On September 10, 2004, Defendant F completed the registration of ownership transfer on the ground of the sale on the same day to Defendant E with respect to the instant real estate (hereinafter “instant registration of ownership transfer”). D.

On September 10, 2004, the registration of cancellation of the establishment registration of a neighboring mortgage was completed on September 10, 2004, the maximum debt amount of KRW 60,000,000, and on March 21, 2012, on the ground that the registration of cancellation was completed on March 21, 2012.

E. On March 19, 2012, the network G entered into a lease agreement with Nonparty H and Defendant E, setting the lease deposit of KRW 20,000,000, monthly rent of KRW 500,000.

H deposited the monthly rent under the instant lease agreement into a deposit account in the name of Defendant E (CTI).

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1-2, Gap evidence 2-3, Eul evidence 1-2, Eul evidence 1-2, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiffs asserted as follows. (A) The actual purchaser of the instant real estate did not conclude a title trust agreement with Defendant E, but Defendant F, the seller, completed the registration of ownership transfer of the instant real estate to Defendant E by concluding a title trust agreement with Defendant E.

B) As to the instant real estate in accordance with the foregoing title trust agreement and the instant transfer of ownership registration, Defendant E is invalid.

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