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(영문) 서울고등법원 2017.05.11 2016나2079497
소유권이전등기
Text

1. The plaintiff's appeal against the first and second preliminary claims is dismissed.

2. The plaintiff's primary part is changed by this court.

Reasons

1. The reasoning for the court’s explanation as to this part of the basic facts is as stated in the judgment of the first instance, except where the pertinent part of the judgment of the first instance is used as follows. As such, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following 3 pages 7 to 8 of the instant L, “(hereinafter “the instant L,”)” is amended to “(hereinafter “the instant L,” and “the instant E land prior to the change of the land substitution and administrative area,” the last 3rd 4th 9,10,000 won, which read “the maximum bond amount of KRW 89,60 million” as “the maximum bond amount of KRW 869,040,000,000,000,000,000,000,000,000)” as “M building”, and the instant building is modified to “the instant building” under the 4th 7th 7th below as “M building”, and the “the instant building” is modified to “the instant building” as “including the “M building” under the 5th 2nd 5,000,000 won.”

'Added'

2. Judgment as to the main claim

A. Plaintiff’s assertion 1) The Plaintiff concluded a sales contract for the instant L land under the name of the Defendant, and completed the registration of ownership transfer; ② the registration of ownership transfer was completed in the name of the Defendant by constructing the instant L land with the Plaintiff’s funds and completing the registration of ownership transfer in the name of the Defendant; ② Under Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), the title truster and the title trustee entered into a title trust agreement with the owner who was unaware of the fact that the title trustee was a party to the contract and completed the registration of ownership transfer in the name of the trustee pursuant to the said sales contract, the change in the real right to the relevant real estate by the registration of ownership transfer becomes effective, notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee.

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