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(영문) 서울중앙지방법원 2019.11.19 2019가단5146768
소유권이전등기
Text

1. As to shares of 1/2 of the real estate listed in the separate sheet:

A. Defendant C is a defendant corporation B.

Reasons

1. Facts of recognition;

A. On May 27, 2003, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and completed the registration of ownership transfer based on sale and purchase with respect to shares of 1492/1823 out of the instant real estate under the name of Defendant C, an infant of the Plaintiff, from the Defendant Co., Ltd. around July 23, 2003.

B. On June 19, 2009, Defendant C completed the registration of ownership transfer based on the partition of co-owned property as to the remaining 331/1823 shares out of the instant real estate. On January 15, 2014, Defendant C completed the registration of ownership transfer based on the sale of 1/2 shares out of the instant real estate to D.

【Ground of Recognition: The fact that there is no dispute between the plaintiff and the defendant company: Each entry in Gap's 1 through 4, the purport of the whole pleadings, and the relationship between the plaintiff and the defendant C: Confession (Article 150 (3) of the Civil Procedure Act)

2. As seen earlier, the Plaintiff purchased the instant real estate from the Defendant Company, and concluded a title trust agreement with Defendant C, which was directly omitted registration, and completed the registration of ownership transfer for shares from Defendant C, among the instant real estate, under the name of Defendant C.

In accordance with the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, “The change in the real right to real estate which was made by the registration under a title trust agreement shall be null and void.” As such, the above transfer registration should be cancelled as the registration of invalidation of cause. As such, the defendant company may seek against the defendant C for the implementation of the procedure for the transfer registration of ownership based on the restoration of real name with respect to one-half portion of the instant real estate, the ownership transfer registration of which was completed under the current name C against the defendant C, and the plaintiff shall seek the implementation of the procedure for the transfer registration of ownership based

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