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(영문) 대구지방법원 2016.06.15 2015나10866
가등기말소등
Text

1. The part against Defendant C among the judgment of the first instance is revoked.

2. The plaintiff's primary claim against the defendant C.

Reasons

1. Basic facts

A. E (H before the opening of a name) completed the registration of ownership transfer on the ground of sale on December 28, 1974 with respect to D forest land 84,247 square meters (hereinafter “the instant forest”) in Yeongdeungpo-si, Youngcheon-si (hereinafter “Y”) on December 31, 1974

B. On December 8, 1975, the provisional registration of the right to claim ownership transfer was cancelled on September 5, 1985, when the provisional registration of the right to claim ownership transfer was completed on the ground of the trade reservation made in December 8, 1975 under the name of I on December 8, 1975.

C. As to the portion of 1/2 of the instant forest land, on September 5, 1985, the registration of ownership transfer was completed in sequence due to the trade on June 12, 200 in the name of the Plaintiff on September 5, 1985, on July 21, 200, under the name of F on June 12, 200, and on January 7, 2011 under the name of Defendant B on December 1, 2010 (hereinafter “registration of Defendant B’s ownership transfer”).

On March 25, 2013 with respect to the above 1/2 shares in Defendant B’s name, the registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on March 21, 2013 in the name of Defendant C as the receipt of the Yeongdeungpo District Court’s Yeongdeungpo District Court’s receipt of the registration office on March 25, 2013.

E. Defendant B is E’s children.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleading

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion 1) was the Plaintiff’s ownership. The Plaintiff purchased 1/2 shares of the instant forest from E in 1975, and completed the provisional registration under the Plaintiff’s name. The Plaintiff completed the registration of ownership transfer in the Plaintiff’s name in July 21, 200. On January 7, 201, the Plaintiff returned the registration name from F to F, thereby making a title trust again to Defendant B on the part of E. Therefore, Defendant B, instead of cancelling the registration of title trust, had the obligation to implement the registration procedure for ownership transfer on the ground of the restoration of the real name, on December 8, 1975, with respect to the instant forest as security for the lease deposit claim against E in the name of I.

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