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(영문) 부산고등법원(창원) 2014.04.02 2013나4381
손해배상(기)
Text

1. The appeal by the defendant (the intermediate confirmation defendant) is dismissed;

2. The costs of appeal shall be borne by the defendant (the intermediate confirmation defendant).

Reasons

1. In the first instance trial, the plaintiff filed a claim for cancellation of ownership transfer registration (the main claim for cancellation of ownership transfer registration) and each intermediate confirmation claim (the intermediate confirmation claim) as stated in the purport of the claim, and the claim for cancellation of ownership transfer registration was accepted and all intermediate confirmations lawsuits were dismissed. Accordingly, the defendant is dissatisfied with the claim for cancellation of ownership transfer registration, and the plaintiff is not dissatisfied with the claim, and the subject of the judgment of the court is limited to the claim for cancellation of

2. The reasoning of the court’s explanation as to this case is as follows, except for the addition of the following, it is identical to the part concerning the claim of the judgment of the court of first instance as to the claim of the principal lawsuit (the recognition of the fact of the contract title trust between the plaintiff and the defendant and the requirement for cancellation registration of ownership transfer registration completed in the name of the defendant in the name of the plaintiff) and the main sentence of Article 42

3. First of all, the Defendant asserts that the registration of transfer of ownership in this case, which the Plaintiff, the title trustee, completed in the future of the Defendant, is valid as a registration consistent with the substantive relationship.

In the case of the so-called three-party registered title trust, where the title truster received real estate from the owner and made a title trust agreement between the title truster and the title trustee and made the registration of ownership transfer under the name of the title trustee without delay under the Real Estate Real Name Act, if the title truster immediately made the registration of ownership transfer to the title truster after the lapse of the grace period under the Real Estate Real Name Act (the abbreviation of the Act on the Registration of Real Estate under Actual Titleholder’s Name; hereinafter the same shall apply), the existing title trust agreement and the registration under the title trustee’s name are null and void due to the lapse of grace period under the Real Estate Real Name Act.

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