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(영문) 대구지방법원서부지원 2016.02.17 2014가단21339
소유권이전등기말소등
Text

1. Defendant B is the Daegu District Court with respect to one-half shares of Defendant C, D, and E in relation to one-half shares of the F, 1775 square meters in Daegu-gun F, Daegu-gun.

Reasons

1. Basic facts

A. Defendant B married with G around 1980 and married on August 12, 1999.

B. On March 24, 1997, G and the Plaintiff, on behalf of Defendant B, jointly purchased 1/2 shares of 1775 square meters (hereinafter “instant real estate”) from H in Daegu-gun, Daegu-gun, and the Plaintiff agreed to keep the purchase price at KRW 69,80,000, half of the purchase price, and the transfer registration shall be made in the name of Defendant B and the Plaintiff, and the registration of transfer of ownership shall be made in the name of the Defendant B, and both the registration certificate, the sales contract, the intermediate payment, and the receipt of remainder

C. G completed the registration of ownership transfer under Defendant B’s name, which was made on behalf of the Defendant B, with the Seogu District Court Branch of the Daegu District Court No. 1937, Apr. 19, 199, received on March 25, 199.

H Deceased on May 28, 2003, and Defendant C, D, and E inherited the Deceased, a child.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 6 (including additional number), Eul evidence 1 and 5, witness G testimony, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Plaintiff and Defendant B assumed half of the purchase price and entrusted the registration title to the Defendant B while jointly purchasing the instant real estate from H. As such, the registration in the name of Defendant B as to the portion of the Plaintiff’s share out of the instant real estate is null and void in accordance with Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name.

Therefore, in this case where the Plaintiff seeks the right to claim for the transfer registration of ownership against the seller by subrogation of the seller as the preserved claim, Defendant C, D, and E, the heir of the seller, is obligated to implement the procedure for the cancellation registration of transfer registration of ownership as to the 1/2 share out of the instant real estate, and Defendant C, D, and E, as to the Plaintiff, the purchaser, on March 24, 1997.

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