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(영문) 서울중앙지방법원 2015.07.17 2014가합578614
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant C had her mother and female, and the Plaintiff, who had been living in Seoul, had her mother, her children who had been going to Seoul from Jeonju to live together, required to live together.

B. On October 14, 2001, the Plaintiff and Defendant B drafted a sales contract with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) stating “the seller, the Plaintiff, the purchaser, the sales price of KRW 228,00,000,00, and the special terms and conditions, “the buyer will have the transferee of the instant real estate in the remainder of the purchase price to the Defendant C.”

(hereinafter “instant sales contract”). C.

The Plaintiff paid to Defendant B the total sum of KRW 25 million on the day and following day of the contract, and the intermediate payment of KRW 40 million on November 14, 2001, and received a receipt in the name of the Plaintiff from Defendant B. Defendant C paid the remainder of KRW 71 million on December 8, 2001 to Defendant B, and received a receipt in the name of Defendant C.

On November 3, 2001, Defendant C re-established a sales contract for the approval seal on the instant real estate with Defendant B, and completed the registration of ownership transfer under the receipt of No. 61789, Dec. 11, 2001.

E. Property tax, etc. on the instant real estate is paid by Defendant C, and the registration right certificate under Defendant C is currently kept by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 6-1 through 4, Eul evidence 6-1 through 14, the purport of the whole pleadings

2. The Plaintiff’s assertion entered into a title trust agreement with Defendant C regarding the registration of ownership transfer under the instant sales contract, which is null and void in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Therefore, the registration of ownership transfer made from Defendant B to Defendant C is also null and void.

Therefore, the Plaintiff still remains effective for the instant sales contract, and on the instant real estate against Defendant B.

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