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(영문) 부산지방법원 서부지원 2018.09.07 2017가단103861
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, as the Plaintiff’s punishment Nonparty D’s wife (the Nonparty E’s wife, who is the Plaintiff’s children), is the Plaintiff’s khovah’s wife.

B. (1) On April 13, 1989, registration of preservation of ownership was completed in the future on April 13, 1989 with respect to the land of 1,190 square meters of Busan Gangseo-gu C Forest (hereinafter “the instant forest”).

(2) On April 21, 1989, with respect to ① 1,983/11,90 shares out of the forest of this case (hereinafter “instant shares”) on April 21, 1989, the registration of ownership transfer was completed in the future of Nonparty F for the remaining 9,917/11,90 shares on April 16, 1989.

(3) Afterwards, the aforementioned 9,917/11,900 shares were transferred to Nonparty G, H and I for sale on the ground of May 2, 1989.

(4) In addition, on February 20, 2003 with respect to the instant shares, the registration of ownership transfer (hereinafter “instant registration”) was completed in the Defendant’s future due to the sale on the same day.

【Ground for recognition】 The fact that there has been no dispute, the entries in Gap 1, 2, and 3 (including virtual numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s forest land originally was the Plaintiff’s property that was inherited to the Plaintiff by the deceased deceased J, the Plaintiff’s first relative, and as such, D, the Plaintiff’s punishment, around 1989, intended to dispose of it to another person after making registration of ownership preservation, the Plaintiff’s ownership (1,983/11,900 shares) was partially transferred to the Plaintiff.

During the period from 2002 to 2003, the Plaintiff’s large children were considered to have failed to work and become difficult to do so, and the Plaintiff entered the case with Choman E, and thereafter, title trust was made in the future to the Defendant, which is only the wife E, even after the Plaintiff entered the case with Choman E.

Inasmuch as the instant transfer registration under an invalid title trust agreement is null and void, the Defendant should implement the procedure for the cancellation registration of the instant transfer registration to the Plaintiff.

B. The Plaintiff raised money around 2003.

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