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(영문) 의정부지방법원 2017.01.13 2016가단100058
소유권말소등기
Text

1. Defendant B shall accept the registration of Jeju District Court and June 25, 2002 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. On May 29, 2002, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from F, and completed the registration of ownership transfer, and decided to title trust to Defendant B, the wife of G, the other sixth degree, and completed the registration of ownership transfer under the name of Defendant B as the receipt of Jeju District Court No. 51353 on June 25, 2002.

[Grounds for Recognition]

B. According to the above facts of recognition, since the registration under Defendant B, a title trustee, is null and void, the Plaintiff, a title truster, may seek cancellation registration under Defendant B’s name by exercising the right to claim removal of interference based on ownership against Defendant B.

Therefore, Defendant B is obligated to implement the procedure for registration of cancellation of ownership transfer registration as to the instant real estate as indicated in the order.

2. Determination as to the claim against Defendant C and D E

A. (1) The Plaintiff terminated a title trust agreement with Defendant B, and instead, decided to register the ownership transfer from Defendant B to Defendant C immediately instead of returning the name of the owner of the instant real estate. On November 19, 2002, the Plaintiff completed the registration of ownership transfer in Defendant C future on the ground of sale on the instant real estate.

(2) Around January 30, 2012, Defendant C asserted that the instant real estate was acquired as a collateral for transfer and paid all debts within two months to the Plaintiff, and sent a written peremptory notice for repayment of loans to the effect that Defendant C would acquire ownership of the instant land if all debts are not paid within the said period. Accordingly, on or around February 3, 2012, the Plaintiff asserted that the instant real estate was trusted in trust, and sent a written reply to the Defendant C, stating that the Plaintiff would dispose of the instant real estate and redeem the loan and pay interest.

(3) Defendant C, on September 7, 2015, is the Defendant with a view to 9/10 shares in the instant real estate.

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