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(영문) 창원지방법원진주지원 2016.02.19 2015가단32390
소유권말소등기
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Facts of recognition;

A. The plaintiff is a legal couple who completed the marriage report with C on December 28, 1989, and is currently pending a divorce lawsuit, and the defendant is a female student of C.

B. 1) C, on December 15, 2004, completed the registration of ownership transfer with respect to the land size of 577.9 square meters in Sacheon-si D, Changcheon-si, Seoul Special Metropolitan City (Sacheon-si). Meanwhile, on September 1, 2008, on the land size of 577.9 square meters in Sacheon-si (Sacheon-si), E-si, 201.6 square meters in Sacheon-si, and 273.7 square meters in Sacheon-si, and its area was 1,053.2 square meters in total; on September 1, 2008, the real estate indicated in the No. 1 of the attached real estate indication No. 898 square meters was divided, and the area was reduced to 898 square meters in size.

3) C completed the registration of ownership transfer on March 5, 2008 with respect to the real estate listed in the No. 2 of the No. 1994, which was constructed on the instant site, by the Changwon District Court, the Changwon District Court, Sacheon Registry, 6277, on March 5, 2008. 4) C completed the registration of ownership transfer on the instant real estate by the Changwon District Court, Sacheon Registry, 3199, which was received on February 6, 2013 (hereinafter “instant registration of ownership transfer”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 1-2, the purport of the whole pleadings

2. The Plaintiff’s assertion and C are co-owners who own 1/2 shares of the instant real estate, and the Plaintiff registered the title of 1/2 shares owned by the Plaintiff to C, thereby completing the registration of ownership transfer and registration of ownership preservation in the name of C with respect to the instant real estate.

Since the Plaintiff and C concluded a title trust agreement with the Defendant on the instant real estate and completed the registration of ownership transfer in the name of the Defendant, the instant transfer registration is null and void as prescribed by the Act on the Registration of Real Estate under Actual Titleholder’s Name.

Therefore, the Plaintiff, as a co-owner of the instant real property, sought cancellation of the ownership transfer registration of this case as a co-owner of the instant real property.

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