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(영문) 창원지방법원진주지원 2016.06.14 2015가단33850
소유권이전등기말소 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The first real estate was owned by the Plaintiff B and the second real estate of this case. The third real estate of this case was owned by the Plaintiff B and the third real estate of this case, and the third real estate of this case was owned by the Plaintiff B 1/3, E E 3/15, F 2/15, and F 1/3.

B. On May 11, 2015, the Plaintiffs, E, and F drafted a sales contract with the Defendants to sell KRW 470,000,00 of the instant real estate (hereinafter “each of the instant real estate”) in KRW 1,2, and 3 real estate (hereinafter “instant sales contract”).

The above sales contract provides that the Defendants shall pay the down payment of KRW 40,000,000 and the intermediate payment of KRW 40,000,000 on the date of the sales contract, and that the remainder of KRW 390,000 shall be paid simultaneously with the cancellation of all the registration of establishment and the registration of seizure on the root of each real estate.

C. On June 5, 2015 and June 10, 2015, without receiving the remainder from the Defendants, the Plaintiffs, E, and F completed the registration of ownership transfer based on the instant sales contract with respect to each of the instant real estate to the Defendants.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The actual purchaser of the instant sales contract’s assertion is Nonparty G G, which is the Defendants’ put to the Defendants. The Defendants, a trustee, prepared only each sales contract, and transferred the registration to the Defendants in the future. Therefore, the registration of the Defendants’ name under each of the instant sales contract constitutes a three-party title trust registration. As such, the Defendants are liable to implement the procedure for cancellation registration to the Plaintiffs. 2) Since a person registered as the owner of the relevant real estate is presumed to have acquired ownership by due process and cause, the registration is based on title trust.

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