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(영문) 수원지방법원 2018.07.11 2017나81694
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

The main claim part of the lawsuit of this case shall be dismissed.

(b).

Reasons

Facts of recognition

On September 192, 1992, E and F, the parent of the defendant, sought to find the plaintiff who had been living in the earth and sand located in the Gyeonggi Yang-gun, and have been suffering from liver quality, and the plaintiff began to live together with the defendant by accepting it.

Plaintiff

With respect to the meaning of “foreign three persons” (including Defendant), the following third person

A. 1) We examine in detail below paragraph (1) below. Section D is limited to the Gimule-gun of the Gyeonggi-do (hereinafter “I”) owned on December 9, 1994.

) The sales contract of KRW 95 million for J, K, L, M, and N land (hereinafter “instant sales contract”).

A) The Plaintiff and three other parties paid the down payment of KRW 10 million to D on the day of the instant sales contract (the process of paying the down payment is unclear; however, in light of the fact that the ownership transfer registration under the instant sales contract has been completed thereafter, it seems that all were paid.

2) The Plaintiff was divided into the above land, and on October 24, 1997, as to the O, P, and Q land, the Defendant, as to R, N, K, and L land (attached Form list; hereinafter “instant land”).

A) Each registration of ownership transfer is completed with respect to the registration of ownership transfer. Since December 1994, the Plaintiff constructed a temple building on the above land and used the above land as a site for inspection. [Grounds for recognition] The Plaintiff did not dispute, Gap Nos. 1, 2, 3, and 20 evidence (which has a serial number; hereinafter the same shall apply).

The purport of each entry and the purport of the entire argument by the parties is as follows: (a) the Plaintiff purchased the instant land from D and entrusted the title of registration to the Defendant; (b) such title trust agreement and any change in real rights pursuant thereto are governed by the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

Since the plaintiff is null and void in accordance with D, the seller of the land of this case shall implement the procedure for registration of cancellation of ownership transfer with respect to the above land by subrogation of the defendant.

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