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(영문) 춘천지방법원원주지원 2016.11.15 2016가단31434 (1)
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 25, 2012, the registration of ownership transfer was completed on March 9, 2012 with respect to the real estate listed in paragraph (1) of the [Attachment List owned by the Dacheon Gyeongyeong-Gyeong, Inc., on the ground of the sale on January 25, 2012 to C.

B. On January 25, 2012, the registration of transfer of ownership (No. 4478) was completed on March 9, 2012 with respect to the real estate listed in paragraph 2 of the attached list No. F owned by C.

C. C completed the registration of transfer of ownership as to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant on December 20, 2015 due to the purchase and sale as of December 20, 2015, as the Chuncheon District Court’s Crossing Registry No. 26257, Dec. 22, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff concluded a title trust agreement with C on each of the instant real estate, and accordingly completed the registration of ownership transfer in the name of C with respect to each of the instant real estate. 2) The Plaintiff, as his father, agreed to complete the registration of ownership transfer with respect to each of the instant real estate between G and the Defendant, whose father was the Defendant. The Plaintiff agreed to complete the registration of ownership transfer with respect to each of the instant real estate, and to cancel subordinate mortgage, which was completed by the Plaintiff to a certified judicial scrivener, and completed

However, the Defendant refused to accept each of the instant real estate.

3. Therefore, the plaintiff is a creditor who has a right to claim the registration of transfer of ownership based on the termination of title trust against C, and in subrogation of C, exercises the right to claim the cancellation of registration of transfer of ownership against C.

B. We examine whether the Plaintiff has the right to claim the implementation of the ownership transfer registration procedure based on the termination of title trust C.

real estate;

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