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(영문) 춘천지방법원강릉지원 2016.09.21 2016가단50203
소유권말소등기
Text

1. Each of the plaintiff's claims is dismissed.

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

Reasons

1. Basic facts

A. On June 14, 2013, the Plaintiff, who was the former owner of F 1,653 square meters of land for a factory in Gangnam-si prior to the subdivision (hereinafter “Before subdivision”), G 223 square meters of land for a factory in G before the annexation and H 147 square meters of land for a factory in G before the annexation (hereinafter “instant two parcels of land before annexation”), completed the registration of transfer of ownership of each of the above parcels of land to E (hereinafter “E ownership transfer”).

B. Since then, the land before annexation was merged on September 17, 2013 and became 2 real estate in the annexed list No. 1 (hereinafter “instant real estate”) and the land before subdivision was divided into the annexed list No. 1, 3, and 4 on October 4, 2013, respectively.

(hereinafter “The instant real estate Nos. 1, 3, and 4” and the instant real estate Nos. 1 through 4 collectively referred to as “each of the instant real estate”).

E, on June 30, 2014, the Defendants listed in the [Attachment List] “Defendant” list, completed each registration of ownership transfer, such as the entry in the [Attachment List “B..........”, on each real estate listed in the “Real Estate.” list in the Chuncheon District Court’s Gangnam Branch.

(hereinafter referred to as “each registration of ownership of this case”). [The grounds for recognition: Fact that there is no dispute, Gap evidence 13-1 through 5, Eul evidence 1-1 and Eul evidence 1-2, the purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion and the Plaintiff Company I (representative: J) and the Plaintiff’s business to newly build and sell pension-type loan on the land prior to annexation with the land prior to subdivision (hereinafter “instant business”), and trust each of the said land to E for the progress of the said business.

E Registration of transfer of ownership in the name of E is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder's Name.

The Defendants, even though they are well aware of such title trust, actively participated in J or E, and completed each of the instant registrations of ownership transfer after being transferred the ownership of each of the instant real estate from E, the title trustee.

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