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(영문) 서울중앙지방법원 2017.10.13 2016가단5161841
소유권이전등기말소
Text

1. The defendant is the district court of the Dong-gu District Court with respect to the E forest size of 1,735 square meters in the case of Pakistan to the plaintiff Gap who is the litigation administrator of the plaintiff deceased Gap.

Reasons

1. Basic facts

A. On June 18, 2012, A purchased E forest land 2,150 square meters (divided into G forest land 415 square meters on September 7, 2016, and the area decreased to 1,735 square meters; hereinafter “instant land”) from F on June 18, 2012, A entered into a title trust agreement with Plaintiff C to complete the registration of ownership transfer with respect to the instant land in the name of C, which is due to lack of credit.

B. On October 30, 2012, A completed the registration of ownership transfer for Plaintiff C as the receipt of No. 101776 on December 5, 2012, the Goyang-gu District Court, Goyang-dong Branch Office, Goyang-dong Office, Goyang-do, 2012.

C. While the interest rate on the loans of the fisheries cooperatives under the name of Plaintiff C was high, the Defendant’s representative inside director H registered the instant land, etc. in the name of the Defendant and transferred the instant land, etc. under the name of the Defendant, and the burden may be mitigated if the existing loans are repaid under favorable terms from the first financial right. In other words, H and the instant land entered into a title trust agreement with the Defendant to complete the registration of transfer of ownership under the name of the Defendant from the name of the Plaintiff C, and on March 20, 2014, Yangyang-gu District Court (Seoul District Court No. 19452, Mar. 24, 2014) completed the registration of transfer of ownership with the Defendant’s name.

A and H were indicted under the charge of violating the Act on the Registration of Real Estate under Actual Titleholder’s Name in relation to the registration of ownership transfer under the above title trust agreement, and was sentenced to a two-year suspended sentence in June 24, 2016, respectively. H appealed appealed under the Seoul Central District Court Decision 2016No4980 on August 11, 2017, but appealed under the same, but the appeal was dismissed on August 11, 2017, and was pending in the final appeal by Supreme Court Decision 2017Do13282.

E. A died on January 28, 2017 while the instant lawsuit was pending, and the wife B, who was the wife.

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