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(영문) 대구지방법원 2015.07.09 2014가단104459
소유권말소등기
Text

1. Defendant F, each of the lands listed in the separate sheet Nos. 3 and 4, to the Plaintiff, was subject to sale on June 4, 2013.

Reasons

1. Basic facts

A. The attached list Nos. 1 and 2 (hereinafter “instant 1 and 2”) were Defendant E, and the attached list Nos. 3 and 4 (hereinafter “instant 3 and 4”) were the lands owned by Defendant F (hereinafter “each of the instant lands”), and H completed the registration of transfer of ownership on November 24, 201 with respect to the instant 1 and 2 as to the instant land on November 19, 201, and each of the instant 3 and 4 as to the instant land on June 4, 201, on the same day.

C. On June 9, 2013, H died. The Defendants were the husband and children of the deceased H (hereinafter “the deceased”) and inherited the deceased’s property as Defendant B’s 3/7 shares, and Defendant C/D shares 2/7 shares, respectively.

C. Defendant B was in the legal marital relationship with the deceased, but left the family before about 20 years, and left the family with the deceased. From around 2009, the Plaintiff had maintained de facto marital relationship while living together with the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 3; Gap evidence 1 to 4; Gap evidence 4-1, 2, and 3; the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff: (a) purchased the instant land 1 and 2 from Defendant E on November 19, 201; and (b) concluded a sales contract to purchase the instant land 3 and 4 from Defendant F on June 4, 2013 with Defendant F; (c) however, the Plaintiff could not register the ownership under his/her own name due to his/her obligation relationship; (d) obtained Defendant E and F’s consent, and completed the registration of ownership transfer under the name of the Deceased for consultation with the Deceased; (c) the registration of each ownership transfer under the name of the Deceased was based on a three-party title trust agreement with the Deceased; (d) the registration of a title trust agreement with the Deceased and the transfer of ownership under the name of the Plaintiff, the seller, and the Defendant EF, the seller, still remains valid; and thus, (e) the Plaintiff’s aforementioned Defendants are the seller.

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