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(영문) 수원지방법원성남지원 2015.10.02 2015가단4008
소유권이전등기
Text

1. The claim of this case is dismissed.

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

Reasons

On May 20, 2009, the Plaintiff purchased 9,852/16,463 shares (hereinafter “the shares in the instant forest”) among E forest land E 16,463 square meters (the shares in the instant forest was divided into each land listed in the separate sheet on December 23, 2014) from the Defendant representing the network D on May 20, 2009, under the name of the Plaintiff Co., Ltd. (hereinafter “C”).

However, since the network D had already died at the time of purchase, the Plaintiff should be deemed to have purchased the forest land shares in this case from the deceased’s heir. The Defendant, who is the deceased’s heir, is obligated to implement the registration procedure for transfer of ownership based on the instant sales contract with respect to the part corresponding to the Defendant’s inheritance shares in the forest land in this case.

2. In the instant sales contract, it is difficult to view that the Plaintiff, not C, purchased the instant forest shares from the Defendant or the deceased D’s heir on the sole basis of the descriptions of evidence Nos. 8 and 10 as to whether the purchaser is the Plaintiff or the Plaintiff or the Plaintiff C.

Rather, according to the evidence Nos. 1 through 3, C purchased the forest shares of this case from the Defendant, and only it appears that C sold some of the shares to EwF Co., Ltd. and F again.

The Plaintiff asserts that he entered into a title trust agreement with C, but even if such agreement was made as the Plaintiff’s assertion, such agreement does not have effect pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the Plaintiff cannot seek the registration of ownership transfer for the reason of the title trust agreement to the Defendant on the ground of

Therefore, the plaintiff's assertion is without merit.

3. Conclusion, the claim in this case is dismissed for lack of grounds.

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