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(영문) 서울중앙지방법원 2020.04.20 2019가단5116705
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the father of defendant B.

B. 1) As to the instant real estate, a sales contract consisting of KRW 300 million for the purchase price on April 5, 2016 (hereinafter “instant sales contract”).

The contract was concluded, and the contract was written by Defendant C as the seller, and Defendant B as the buyer respectively. (2) As to the instant real estate, the registration of ownership transfer was completed on June 7, 2006 on the ground of the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff purchased the instant real estate from the Plaintiff C, and only the name of the purchaser was the Defendant. As such, the Plaintiff is under title trust with the Defendant. Since the title trust falls under a third party’s registered title trust, the above title trust is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”). Therefore, Defendant B is obligated to cancel the instant registration of transfer of ownership, which was completed with respect to the instant real estate, to Defendant C, and Defendant C has the obligation to complete the registration of transfer of ownership on the instant real estate on the ground of the instant sales contract. (2) Even if Defendant B’s domestic household was under title trust with Defendant B, this constitutes a “contractual title trust,” and thus, the instant sales contract and the instant registration of transfer of ownership are both valid as the Plaintiff and the Defendant did not know that there was a title trust agreement between the Plaintiff and the Defendant. (b) Determination whether the title trust agreement constitutes a “registered trust or a “title trust” is a contracting party.

However, there is a problem.

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