(영문) 울산지방법원 2015.07.23 2014나7407 | 리걸엔진

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(영문) 울산지방법원 2015.07.23 2014나7407

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the mother of the defendant, and E is the defendant's remaining son.

B. On February 3, 2010, the Plaintiff entered into a sales contract and transferred ownership registration (i.e., the Plaintiff’s ownership) with a scale of 173 square meters in Ulsan-gu, Ulsan-gu (hereinafter “instant land”).

2) The sales contract of this case and its ground buildings purchased KRW 235 million (hereinafter “instant sales contract”).

(2) Of the sales amount under the instant sales contract, KRW 25 million was paid to C on the date of conclusion of the sales contract, and thereafter, the remainder was fully paid after deducting the amount of the obligation to refund the lease deposit for the instant building from the said sales amount.

3) With respect to the instant land, the registration of ownership transfer was completed in the name of the Defendant as of March 3, 2010, No. 14496, which was received on March 3, 2010, as of February 3, 2010, with respect to the building on the said land, and the registration of ownership transfer was completed in the name of F on March 3, 2010, and the registration of ownership transfer was completed in the name of E on September 7, 2012. [Grounds for recognition] The fact that there was no dispute, the evidence Nos. 1 through 4 (including the attachment of a serial number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Determination

A. 1) Although the Plaintiff’s assertion was concluded between the Plaintiff and the Defendant, the ownership transfer registration under the name of the Defendant was completed in accordance with the title trust agreement between the Plaintiff and the Defendant. Since the above title trust agreement was null and void, the registration of ownership transfer under the name of the Defendant with respect to the instant land is also null and void. Therefore, the Defendant has a duty to cancel the registration of ownership transfer under the name of the Defendant to C, who is the owner of the instant land, and the Plaintiff has the right to claim ownership transfer registration against C pursuant to the instant sales agreement, thereby claiming against the Defendant for the cancellation of the registration of ownership transfer under the name of the Defendant with respect to

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