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(영문) 대구지방법원 2014.12.17 2014나301565
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2.(a)

Defendant H, I, J, K, L, M, and Defendant B, C, D, E, and F are prior to the Gyeonglbuk-gun P.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry of evidence Nos. 1-2, 2-2, and 6.

On April 22, 1992, the registration of ownership transfer in the name was completed on April 6, 1992 with respect to the real estate stated in the N's original order (hereinafter "the instant real estate") as the receipt of Lluri District Court of Daegu on May 6, 1992 by 5180.

B. The O died on June 2, 1997, and the O’s property was inherited by 1/6 shares each to the Plaintiff, Defendant B, D, E, and F, who are their children.

C. As to the instant real estate due to the inheritance on June 26, 1997, the registration of the transfer of ownership was completed in the names of the Plaintiff, Defendant B, D, E, and F, each of 1/6 shares of which was received from the Daegu District Court on July 21, 2009, and each of which was made in the names of the Plaintiff, Defendant C, D, E, and F. After that, Defendant F completed the registration of the transfer of ownership for one-six shares of his own name on July 9, 2010 by the receipt of the same registry office on July 9, 2010 by No. 13658, No. 13658, Jul. 9, 2010; Defendant C also completed the registration of the transfer of ownership for one-six shares of his own name on July 3, 2012 by the receipt of the same registry office on July 3, 2012.

N on July 21, 1994, the N died, and the N’s property was inherited to Defendant H, I, J, K, L, and M each by one-six shares.

2. Determination on the cause of the claim

A. When Defendant G purchased the instant real estate from N, Defendant G entered into a title trust agreement with O to have it impossible to complete the registration of ownership transfer in its own name due to the fact that the instant real estate was farmland and completed the registration of ownership transfer in the name ofO. Since N was aware of the foregoing title trust agreement, the said title trust agreement and the registration of ownership transfer in the name ofO was invalidated due to the lapse of the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name and the grace period, respectively.

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