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(영문) 춘천지방법원강릉지원 2016.10.11 2016가단51053
소유권지분이전등기 등 청구의 소
Text

1. The defendant shall have jurisdiction over the Chuncheon district court with respect to the 7/9 share of the real estate listed in the attached Table 1 attached hereto.

Reasons

1. Basic facts

A. The plaintiff A is the deceased's wife, the plaintiff B, C, and the defendant.

B. On March 29, 2008, the Deceased purchased the real estate listed in the Attached Table 1 (hereinafter “H-dong Forest”) from E from March 29, 2008 and completed the registration of ownership transfer under the name of the Defendant on August 8, 2008.

C. The Deceased newly constructed the real estate listed in the Attachment No. 2 (hereinafter “Jdong Building”) on the land owned by the Deceased, Gangseo-si I, and on February 26, 1991, the Deceased filed a registration of preservation of ownership in the name of the Defendant on the said Jdong Building.

The deceased resided in the Jdong building until the time of death after the construction of the Jdong building, after the death of the deceased, the plaintiff A resides in the building, and the property tax on the Jdong building is borne by the plaintiff A.

On April 12, 1990, the deceased donated the above J-dong land to the defendant, and on November 5, 2006, the registration in the name of the defendant was cancelled on the grounds of cancellation of the agreement on the above donation.

[Ground of recognition] Facts without dispute, Gap's 1 to 5, Gap's 13 to 16 (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to Hdong Forest land claim 1), the deceased purchased the instant real estate from E and entrusted only the registration title to the defendant. This constitutes a three-party registered title trust, and thus the registration under the name of the defendant is null and void pursuant to the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Therefore, in this case where the plaintiffs seek for subrogation of E with the seller’s right to claim registration of transfer of ownership as preserved bond, the defendant, the title trustee, is obligated to implement the procedure for registration of cancellation of ownership transfer as to the aggregate of 7/9 (A3/9, B2/9, C2/9) of the plaintiffs’ shares in the instant real estate. 2) As to the defendant’s assertion, the defendant purchased the defendant’s pension and benefits from Hdong forest with the funds of the defendant by managing the deceased.

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