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(영문) 서울고등법원 2015.11.11 2015나2016475
소유권이전등기말소
Text

1. The plaintiff's appeal and the defendant limited partnership company's selective claims against the defendant limited partnership company B added in the trial are all dismissed.

2...

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) adding "after the enforcement date" to "after August 8, 2003" following the judgment of the court of first instance No. 4, 2003; (b) a claim for ownership transfer registration based on an agreement for ownership transfer to Defendant B added at the court of first instance; and the creditor's subrogation's subrogation's subrogation's subrogation's claim against Defendant Sung Chang Chang-jin, as stated in the reasoning for the judgment of the court of first instance, except as seen below in paragraph (2). Thus, this is accepted pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. The Plaintiff, who provided the purchase fund and agreed to transfer the title of the instant real estate to the Plaintiff when the situation of the Plaintiff, who is the representative member of Defendant B, at the time of receiving the bid for the instant real estate under Defendant B’s name through Defendant C, was the Plaintiff. The Plaintiff asserted that he had the right to claim for ownership transfer registration based on the above nominal transfer agreement, and as to Defendant B, sought the implementation of the procedure for ownership transfer registration as a selective claim for return of unjust enrichment against Defendant B, and as to the instant real estate, sought the cancellation of each transfer registration, which was completed in the name of the Defendant Sung Changjin-mixed, on behalf of Defendant B, by asserting the right to claim for ownership transfer registration as a preserved bond

However, in a case where a title trust relationship is established between a person who has the actual burden of purchase price and a person who has the actual burden of purchase price in purchasing real estate after the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name, even if that person agreed to transfer the title of the real estate upon the request of the person who has the actual burden of purchase price, such agreement belongs to the category of the real estate under title trust itself or the category of seeking the return of the

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