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(영문) 전주지방법원 2016.04.21 2014나10284
소유권이전등기
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff cited in the judgment of the court of first instance, among the primary claims, sought the implementation of the procedure for the registration of ownership transfer due to the return of unjust enrichment caused by a title trust agreement with the deceased C (hereinafter “the deceased”) on May 30, 1996, among the real estate No. 1 of this case, and subsequently the claim was exchanged as provided in paragraph 2(a).

The reasoning for this Court’s explanation is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff replaces the pertinent part of Article 2(a) of the judgment of the court of first instance as the second-party 2 of the judgment of the court of first instance as to the plaintiff’s primary claim as above, and the third-party 3(a) of the judgment of the court of first instance, which is the part of the judgment, is replaced by the second-party 2(b). Thus, this Court shall accept it as it is in accordance

2. Additional matters to be determined;

A. The gist of the claim is that the Plaintiff purchased each of the instant real estate from the Korea Electric Power Corporation with the Defendant, the wife, and borne 1/2 of the purchase price. On May 26, 1990, the Plaintiff entered into a title trust agreement with the Deceased with respect to 1/2 shares of the instant real estate out of the first real estate, and entrusted all the registration affairs to the Deceased.

Accordingly, the deceased entered into a title trust agreement with D as to the instant real estate No. 1 and completed the registration of ownership transfer in the name of D on July 10, 1990.

On May 30, 1996, after the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), the deceased terminated the above title trust agreement with D, and completed the registration of ownership transfer in the name of the deceased on June 24, 1996.

Thus, the first real estate was also a title trust agreement prior to the enforcement of the Real Estate Real Name Act, as well as the second real estate, but the change in real rights was made on June 24, 1996, and the real name registration was not made within the grace period under the Real Estate Real Name Act.

Therefore, the deceased is the grace period.

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