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(영문) 대전지방법원홍성지원 2016.05.25 2015가단10653
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. In a claim for indemnity filed against C, etc., the plaintiff was sentenced to the judgment that "C, etc. shall jointly and severally pay to the plaintiff 354,973,585 won and 80,850,000 won among them, 25% per annum from July 11, 2008 to October 8, 2008, and 20% per annum from the next day to the day of complete payment (Seoul Central District Court Decision 2008Gadan269769, Oct. 30, 2008), and the above judgment became final and conclusive on November 22, 2008.

C On March 9, 199, with respect to the land of this case to the defendant A, who is a partner, the defendant Eul completed the registration of ownership transfer based on the sale on March 8, 1999 with respect to the land of this case (hereinafter "each of the registration of ownership transfer of this case") to the defendant Eul.

[Ground of recognition] Facts without dispute, Gap 1 through 3, purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The sales contract and the sales contract with Defendant B, a de facto spouse, which concluded with Defendant A as to the land of this case with Defendant A, a partner of the Plaintiff’s assertion with Defendant A, are both null and void by means of false conspiracy, and each registration of ownership transfer of this case based thereon is also null and void by means of false conspiracy, false conspiracy, or title trust agreement.

Therefore, upon the plaintiff's request by the insolvent C subrogated, the defendant A is obligated to implement the registration procedure for ownership transfer on the land of this case, and the defendant B is obligated to implement the registration procedure for ownership transfer on the land of this case 2.

B. Determination 1) Since the real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists in its form, it is assumed that the registration is completed without any grounds for registration (see, e.g., Supreme Court Decision 95Da39526, Sept. 30, 1997) that Defendant A is liable to prove and prove the grounds for invalidation or non-existence thereof (see, e.g., Supreme Court Decision 95Da39526, Sept. 30, 197). However, as seen earlier, the facts that Defendant A was a partner of the Republic of Korea, as described above, are written in B, 4, 6, 7

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