(영문) 서울고등법원 2016.10.20 2015나2032620

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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

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(영문) 서울고등법원 2016.10.20 2015나2032620

소유권이전등기

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1. The judgment of the first instance, including a claim that has been changed in exchange in this court, shall be modified as follows:

Reasons

1. The reasons why the court should explain this part of the basic facts are deleted as follows, and in addition to the dismissal, it is identical to the entry of “1. Recognizing facts” in the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The number of pages 8 of the judgment of the court of first instance is deleted. The number of pages 21 of the judgment of the court of first instance is as follows. The number of pages 9 and 21 of the judgment of the court of first instance is as follows: “At the end of 12 pages 12 and 3 of the judgment, Defendant M submitted each of the above reports to Defendant D.” The following is added. As to one of the real estate listed in the attached list 1, the ownership transfer registration was made in the name of AI corporation on March 18, 2015, and the ownership transfer registration was made in the name of the Defendant Intervenor’s Housing and Urban Guarantee Corporation on the same day. As to the real estate listed in the attached list 1, the ownership transfer registration was completed in the name of AI corporation on the grounds of the trust property on August 26, 2015, and the ownership transfer registration was made in the name of Defendant Intervenor’s Housing and Urban Guarantee Corporation on the same day (the fact that there is no dispute over the trust property on February 2, 2018.).

A. Defendant D sold the land subject to the instant private contract to AH on December 7, 2007.

AI transferred its buyer's status on August 25, 2010 and completed the registration of ownership transfer directly from Defendant D.

Although land subject to the instant negotiated contract was designated as land transaction permission on July 29, 2008, the registration of transfer of ownership in the name of AI was completed without permission for a land transaction contract between Defendant D and AI. Accordingly, the registration of transfer of ownership in the name of Defendant B and the registration of transfer of ownership in the Housing and Urban Guarantee Corporation is also null and void.

The Korea Housing and Urban Guarantee Corporation shall make the true land subject to the instant free contract.

참조조문

-민사소송법 제420조

유사 판례

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