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(영문) 창원지방법원진주지원 2015.08.11 2014가단31222
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The instant real estate was owned by Nonparty D, and on April 21, 1989, the registration of ownership transfer was completed due to the sale on February 10, 1989 by E, F, and Defendant C (hereinafter “Defendant C, etc”).

B. After the death of E, the registration of transfer of ownership was completed for E’s share due to inheritance due to the inheritance due to the agreement division as of June 10, 1995, which was the son of E on December 6, 2013.

C. On November 28, 2012, Defendant C and F sold their shares among each of the instant real estate to Nonparty Public Relations Industry Co., Ltd. in KRW 176,623,00, respectively, and completed the registration of ownership transfer in the name of Public Relations Industry Co., Ltd.

On the other hand, at the time of the transfer of the instant real estate in the name of Defendant C, etc. on April 21, 1989, G was fully liable for the purchase price.

G died on January 27, 1994, and the plaintiff, non-party H, and I inherited G at the ratio of 1/3 each.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the real estate of this case was purchased from D to use the deceased G for the election of a clan, and that it concluded a title trust agreement with Defendant C, etc. and completed the registration of ownership transfer in the name of Defendant C, etc.

However, since the above title trust agreement is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, registration in the name E and C related to the above real estate is null and void, and registration in the name of Defendant B, which is based on the registration in E

Therefore, Defendant B is obligated to pay KRW 58,874,33, which constitutes the Plaintiff’s shares in the amount equivalent to the purchase price (=176,623,00 won x 1/3) inasmuch as Defendant B implements the procedure for cancelling the registration of transfer of ownership in the name of the Plaintiff, and Defendant C is unable to perform its duty to cancel the registration of transfer of ownership by disposing of its shares to a third party.

(b)in respect of the judgment real estate, the owner is.

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