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(영문) 춘천지방법원 2017.11.15 2017가단3713
소유권이전등기절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 14, 2008, the Plaintiff asserted that the real estate of this case was purchased from C from January 14, 2008, but the registration was agreed to be completed in the future of the Defendant, and accordingly, the registration of ownership transfer was completed in the future of the Defendant.

This constitutes a registered title trust and the title trust agreement between the plaintiff and the defendant is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder's Name, and thus the registration of ownership transfer is null and void

Therefore, the defendant should implement the procedure for the registration of ownership transfer based on the restoration of real name as to each real estate of this case to the plaintiff.

2. A claim for ownership transfer registration for the restoration of the true title of registration is sought against the current title holder based on ownership by either the registration indicating ownership in his/her name was made, or the true owner who acquired ownership pursuant to law was entitled to recover the title of registration.

In light of the above legal principles, the plaintiff's assertion that the plaintiff is the owner of each real estate of this case is without merit, as long as there is no evidence to support that the plaintiff had completed the registration of ownership transfer under the name of the plaintiff or that the plaintiff acquired ownership under the law. Thus, the plaintiff's assertion that the plaintiff is the owner of each real estate of this case is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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