logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2014.10.07 2014나649
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The Defendant (Counterclaim Plaintiff) is indicated in the attached list No. 1 to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 25, 2008, the Plaintiff entered into a sales contract with C to purchase the instant land in KRW 55 million, at the Plaintiff’s request, and on October 27, 2008, the registration of ownership transfer was made in the Defendant’s future with respect to the real estate listed in the attached list No. 1 (hereinafter “instant land”).

B. On April 9, 2010, the registration of preservation of ownership was made on the real estate listed in Paragraph 2 of the attached Table No. 2 (hereinafter “instant building”) newly constructed on the instant land, and the Plaintiff occupies the instant building as of the date of closing argument in the trial.

[Reasons for Recognition] Evidence No. 1-1, 2, Evidence No. 2, Evidence No. 3-1, and the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. The Plaintiff’s assertion is obligated to register cancellation of ownership transfer registration in the name of the Defendant as to the instant land in subrogation of C, and transfer registration procedure for ownership transfer on the ground of the restoration of real name as the owner of the instant building as the owner of the instant building, who is the owner of the instant building, under title trust to the Defendant, and registered the title of the instant building on that ground. The title trust agreement between the Plaintiff and the Defendant and the change in real rights pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

B. Determination 1: (a) No. 2, No. 4-1, 2, 7, 8, 10-1, 2, 11, 12-1, 2, 13-1, 18-1, 2, 18-2, 18-1, 2, 18-3, 4-1, 2, 6-2, and 4-1, 6-2, 4-2, and 4-1, 6-2, and 4-1, 6-2, and 4-1, 6-2, and 4-2, and 7-1, 7, 8, 10-1, 10-2, and 12-1, 12-2, and 12-3; and (b) the witness testimony of the first instance trial.

arrow