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(영문) 대구지방법원 2019.03.28 2017가단127774
가등기말소
Text

1. Of the real estate listed in the attached list to the Plaintiff, with respect to Defendant B’s share of 3/11, Defendant C and D respectively.

Reasons

1. Indication of claim;

A. On November 3, 2012, E died, and Defendant B is the wife of Defendant C, D, F, and G jointly inherited E’s property as E’s children.

B. As of the real estate listed in the separate sheet (hereinafter “instant apartment”) on December 30, 200, the ownership transfer registration in the name of A was completed on the ground of “sale on February 22, 1995,” and the ownership transfer registration in the name of Defendant D (hereinafter “instant transfer registration”) was completed on October 24, 2007, on the ground of “sale reservation on October 24, 2007” (hereinafter “the provisional registration in this case”). As of August 1, 2017, the ownership transfer registration in the name of B was completed on the ground of “sale by compulsory auction on July 27, 2017,” and the ownership transfer registration in the name of Defendant D was completed on the grounds of “sale on February 22, 2015,” and the ownership transfer registration in the instant provisional registration was completed on the grounds of “the ownership transfer registration in the name of Defendant D” as of January 8, 2018; the ownership transfer registration in the name of B1/31/1/1/1/20 of shares.”

C. The registration of transfer under Defendant D’s name was made with Defendant D while purchasing the instant apartment, and completed the title trust agreement. At the time of the above title trust agreement, E and Defendant D agreed to complete the registration of transfer of ownership of the instant apartment at the time of the above title trust agreement, Defendant D agreed to complete the registration of transfer of ownership of the instant apartment. After October 24, 2007, E and Defendant D completed the instant provisional registration in the name of E by taking the form of trade reservation to prevent Defendant D’s arbitrary disposal and to secure the right to claim the registration of transfer of ownership under the above agreement.

Under the premise that a title trust agreement is null and void under the Act on the Registration of Real Estate under Actual Titleholder’s Name, a title truster shall complete a provisional registration in the name of the title truster in order to secure the title truster’s right to claim ownership transfer registration.

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