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(영문) 수원지방법원여주지원 2014.06.11 2012가단8651
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 27, 2005, the deceased B (the deceased on December 23, 201, hereinafter “the deceased”) completed the registration of transfer of ownership as the receipt No. 45122 of the receipt on September 29, 2005, and the registration of transfer of ownership as the receipt No. 14100 on April 13, 2010 by the same registry office on April 13, 201, with respect to the instant real estate owned by the Plaintiff.

(B) The provisional registration of this case and the registration of ownership transfer (hereinafter referred to as the “provisional registration of this case”) completed on the instant real estate.

Defendant C is the wife of the Deceased, and Defendant D, E, F, and G are the offspring of the Deceased.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. (1) On September 2005, the plaintiff asserted that the title trust invalidation claim is based on the deceased's recommendation and completed the provisional registration of this case and the registration of ownership transfer of this case in the name of the deceased for the convenience of authorization and permission following the new construction of the building. Since the title trust agreement is null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder's Name, the defendants, the heir of the deceased, who seek exclusion of interference based on the ownership of the real estate of this case, are obliged to perform the procedure for cancellation of each of the provisional registration of this

The testimony of the witness I alone is insufficient to recognize that the Plaintiff entrusted the title of the instant real estate to the Deceased as above, and there is no other evidence to acknowledge this otherwise.

The plaintiff's above assertion is without merit.

B. (1) The Plaintiff asserts that the provisional registration of this case is against the deceased, even if it is alleged that the provisional registration of this case is against the deceased.

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