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(영문) 서울고등법원 2018.08.29 2017나2076044
계약금반환등
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The first instance.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment citing the reasoning of the judgment of the court of first instance citing the argument that the defendant should dismiss or add as follows and add to the reasoning of the judgment of the court of first instance, is the same as the part concerning the plaintiffs in the grounds of the judgment of the court of first instance, and thus, citing it pursuant to the main sentence

[Supplementary or added parts] The 10th 14th 10th 14th e.g., the “Defendant’s Equity Holdings” (the same as the “Defendant’s Equity Holdings” in the attached Table 2) is added.

The 12th 19th 12th 2th 19th 19th 19th 2nd 201.

2. Judgment on the defendant's additional assertion

A. 1) The gist of the allegation that violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) is alleged is that the Plaintiffs are co-defendant A of the first instance trial (hereinafter “A”).

The title trustee who entered into a title trust agreement with the Plaintiff is deemed the title trustee. According to Article 4(1) of the Real Estate Real Name Act, the title trust agreement is null and void. According to Article 3(1) of the same Act, no one shall register any real right to real estate in the name of the title trustee pursuant to the title trust agreement. Therefore, the instant claim seeking the implementation of the procedures for the registration of ownership transfer with respect to Defendant’s shares, among each of the instant real estate, violates the Real Estate Real Name Act and is not allowed. 2) The instant claim is not a claim under the title trust agreement,

Therefore, the defendant's assertion that the claim of this case violates Article 3 (1) of the Real Estate Real Name Act is without merit.

Meanwhile, the above argument by the defendant is that even if the transfer of ownership is completed in the future of the plaintiffs in accordance with the contract of this case, Article 4(2) of the Real Estate Real Name Act: Article 4(2) of the Real Estate Real Name Act is made by the registration under the title trust agreement.

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