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(영문) 광주지방법원목포지원 2016.06.16 2015가합12418
소유권말소등기
Text

1. The defendant shall accept the land listed in the separate sheet to C (D) on August 5, 2013 from the Gwangju District Court.

Reasons

1. Facts of recognition;

A. A. Around 2003, the Plaintiff entered into a contract with C to construct a new building on the land listed in the separate sheet (hereinafter “instant land”) and completed it, and on February 10, 2004, the Plaintiff agreed from C to transfer the ownership of the instant land in the name of E, a Ka-ri, the Plaintiff’s co-ownership in lieu of a partial payment of the construction price.

(hereinafter “instant accord and satisfaction agreement”). Accordingly, C completed the registration of ownership transfer of the instant land in the future on February 12, 2004.

(hereinafter referred to as “the first registration of ownership transfer”) b.

On August 5, 2013, with respect to the land of this case registered under the name of E, the transfer registration for ownership was completed on the ground of sale as of June 28, 2013.

(hereinafter referred to as “instant transfer registration of ownership No. 2”). / [Grounds for recognition] without dispute, entry of evidence No. 1, and purport of the whole pleadings.

2. According to the above facts finding as to the cause of the claim, the registration of ownership transfer of this case is null and void pursuant to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the registration of ownership transfer of this case, which was based on the registration of ownership transfer of this case, is also null and void.

In addition, C is obligated to complete the registration of ownership transfer of the instant land to the Plaintiff according to the instant accord and satisfaction agreement.

Therefore, upon the Plaintiff’s request subrogated to C to preserve the right to claim ownership transfer registration based on the instant accord and satisfaction agreement, the Defendant is obligated to implement the procedure for cancellation of ownership transfer registration of the instant case to C, barring any special circumstance.

3. Judgment on the defendant's assertion

A. The defendant alleged that he purchased 650,000,000 won including a secured loan, from the plaintiff who was in a de facto marital relationship on October 2, 2004, including the land of this case. Upon the plaintiff's request on November 15, 2004, C's offering the land of this case as security on November 15, 2004.

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