logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.04.20 2016노2887
부동산실권리자명의등기에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal is as follows: (a) the Defendants did not enter into a nominal trust agreement; and (b) Defendant B actually purchased the instant apartment; (c) the lower court erred by misapprehending the statement G and E, thereby making a nominal trust agreement among the Defendants.

In view of the facts charged of this case, there was an error of misunderstanding of facts.

Judgment

A. Article 2 Subparag. 1 main text of the Act on the Registration of Real Estate under Actual Titleholder’s Name “The title trust agreement” refers to an agreement between a person who holds, or actually acquires, the ownership or other real rights to real estate (hereinafter “real rights to real estate”) and another person (hereinafter “actual right holder”) to the effect that the actual right holder holds or intends to hold the real right to real estate internally, and that the registration (including a provisional registration) is made in the name of the other person (including a case of consignment or consignment sale).

As stated in ", one of the core requisitioneds showing whether the real right to the real estate is the actual right holder of the real right to the real estate is whether he/she bears the fund to acquire the real right to the real estate."

The judgment of the court below on July 8, 2010 (see, e.g., Supreme Court Decision 2008Do7546, Jul. 8, 2010). (b) the circumstances acknowledged by comprehensively taking account of the evidence adopted and examined by the court below, i.e., the fact that the defendant A would have obtained the registration of ownership transfer for the purpose of collecting claims against E, and ii) E would have obtained the registration of ownership transfer for the purpose of collecting claims against E, and i.e., the court below held that E stated in the investigation agency and this court. However, since the written statement, etc. prepared by the investigation agency was not adopted as evidence of the court below, it is evident that the above expression by the court below is a

In this section, “Defendant A is of bad credit.”

arrow