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(영문) 인천지방법원 2021.01.20 2019가단242174
소유권말소등기
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be jointly borne by the plaintiffs.

Reasons

1. Facts constituting the basis for no dispute between the parties;

가. G 토지는 원래 H의 소유재산이었는데, 1996. 7. 8. G 토지에 관하여 피고 C의 남편인 I 앞으로 소유권 이전 등기(☞ 등 기부상 등기원인 : ‘1996. 6. 20. 자 매매’) 가 마 쳐졌고, F 토지는 원래 J의 소유재산이었는데, F 토지에 관하여도 1998. 5. 22. I 앞으로 소유권 이전 등기(☞ 등 기부상 등기원인 : ‘1998. 5. 11. 자 매매’) 가 마 쳐졌다.

B. After the death of I, on March 4, 1999, each of the above lands was owned by Defendant C, “an inheritance by division through consultation,” and on December 7, 2018, each of the above lands was transferred by ownership due to each of the above lands was transferred to Defendant E or Defendant D, respectively.

2. Determination on both arguments

A. The Plaintiffs asserts as follows as the grounds for each of the instant claims.

(1) Under the so-called “a trust agreement in the name of a contracting party” or “a trust agreement in the name of a third party” entered into between the Plaintiffs and I for a long time, each ownership of the above land was terminated in the first future. The Defendant, who succeeded to the I’s inherited property, comprehensively, succeeded to ① inheritance of the I’s obligation to return the purchase fund 48 million won contributed by the Plaintiff B at the time of purchase of the F land; and ② invalid “a trust agreement in the name of a third party” was liable to return the G land to the Plaintiff A via H on the ground of the “a third party trust agreement in the name of a third party,” and the completion of the registration of the transfer of ownership against the intent of the Plaintiff B on December 2, 2018, constitutes a tort against the Plaintiff A, a truster in the name of the G land.

(2) Nevertheless, in the absence of Defendant C’s insolvency, the Defendants concluded each of the above lands on November 2018, respectively.

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