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(영문) 서울중앙지방법원 2018.07.27 2017나54977
소유권이전등기 말소등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiffs added or emphasized in the trial of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. (1) Although the first assertion by the plaintiffs did not sell the instant building and land to the defendant, the registration of the instant building and land is invalid as a false declaration of conspiracy.

(2) The registration of the instant building and land in the second assertion is invalid because it constitutes either an intermediate omission registration type title trust, or a third party title trust or contract title trust.

(3) The third assertion: (a) deceivings the plaintiffs as if they were granted the power of representation to enter into a sales contract or a transfer of ownership agreement; and (b) deceivings them as if they were to receive and pay settlement money from the defendant or N integrated Construction Corporation (hereinafter “Commercial Construction”); and (c) its affiliation is revoked since the plaintiffs entered into the instant sales contract with the defendant.

(4) In order to be effective for the registration of transfer of ownership in the name of the fourth assertion, there must be an agreement between the plaintiffs and the commercial comprehensive construction, R, the defendant's mother, and the defendant on the intermediate omission registration from the plaintiffs to the defendant. Therefore, the registration of the instant building and land is null and void in the absence of such agreement.

(5) According to the Seoul High Court Decision 99Na5448 case, the fifth Plaintiffs are entitled to receive money equivalent to KRW 1/6 of the amount of KRW 120 million each from the upper comprehensive construction. Since the Defendant acquired the above monetary payment obligations against the Plaintiffs of the upper comprehensive construction, it is obligated to pay each of the above money to the Plaintiffs.

(6) The fifth asserted Defendant’s instant building and land through the instant sales contract.

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