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(영문) 서울중앙지방법원 2019.08.14 2018나81679
부동산소유권 이전등기 말소청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 7, 2003, as to the instant real estate owned by H, the same year

7.1. The registration of transfer of ownership in the name of the network D (hereinafter referred to as “the network”) was completed on the ground of one’s trading.

B. On March 13, 1992, the Deceased is a U.S. citizen who lost the nationality of the Republic of Korea, and is administered as a bomb cancer.

On April 16, 2013, hospital (E and died at around 8:18 a.m. of the same month. At the time of the deceased’s death, the deceased’s mother Q and the deceased’s wife were the deceased. (c) Although the Defendant was a person who was the deceased and had concluded a sales contract with the deceased with respect to the instant real estate as the purchase price of KRW 160,000,000, the Defendant prepared a sales contract for the deceased’s personal seal certificate, resident registration certificate, and completed the instant registration of the transfer on April 18, 2013, using the resident registration certificate of the deceased who was in his/her custody, and completed the instant registration of the transfer on April 16, 2013 with the following facts. [Grounds for recognition] There is no dispute, and each entry (including a serial number; hereinafter the same shall apply) in subparagraphs A through 10.

- The purport of the whole pleadings

2. According to the judgment on the cause of the claim, the registration of the instant transfer is invalid, and barring any special circumstance, the Defendant is obligated to implement the procedure for the cancellation of the registration of the transfer to the Plaintiff, who is the deceased’s heir.

3. Judgment on the defendant's defense

A. At the time of the purchase of the instant real estate, the title trust agreement was entered into between the deceased and the Defendant, and the actual purchaser is the Defendant, who is the title truster, and the instant registration of transfer is valid in accordance with the substantive relationship.

B. In light of the following facts and circumstances, the Defendant and the Deceased at the time of purchase of the instant real estate from H, based on the evidence as seen earlier, the descriptions and images of the evidence Nos. 1 to 10, and the results of each financial transaction submission order issued by the FF Bank and G Bank, and the overall purport of the pleadings, the Defendant and the Deceased at the time of purchase of the instant real estate from H.

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