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(영문) 부산고등법원 2017.05.18 2016나57109
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except in addition to the determination of the Plaintiff’s assertion added or emphasized by this court. As such, this court cites it as it is in accordance with

2. Additional determination

A. The Plaintiff’s assertion ① Since the Plaintiff’s title trust registration of the instant real estate was null and void, the Defendant is obligated to cancel the registration of ownership transfer completed under the name of the Defendant with respect to the instant real estate.

② On December 30, 2007, the Plaintiff continued to demand the return of the instant real estate, and the Edembling decided to hold a regular meeting on December 30, 2007 to return the instant real estate to the Plaintiff.

Since the resolution of the instant regular meeting is effective by the resolution of the defendant's board of directors, the defendant agreed to return the instant real estate to the plaintiff.

B. According to the purport of the Plaintiff’s assertion as to ① the statement Nos. 5, 12, and 17, testimony and argument of witness F of the first instance trial, according to the Plaintiff’s argument, ① KRW 100 million out of KRW 200,000,000,000,000,000,000,000,000,000 won, which was established on the real property of this case, was paid to the Defendant as the Plaintiff’s husband, and the remainder of KRW 50,00,00,000,000, was paid to the Plaintiff’s husband, and the interest was paid to D by 2014, ② the third floor out of the instant real property of this case was used as D’s office, and the fourth floor was used as D’s mother’s residence, and ③ the above office’s payment to the Defendant is recognized.

However, according to the above evidence, the property contribution certificate (A evidence No. 4-2) prepared between the Plaintiff and the Defendant does not state any phrase relating to the title trust agreement, and the Plaintiff exercises its right to the real estate of this case against the Defendant.

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