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(영문) 창원지방법원마산지원 2017.11.15 2017가단105305
소유권말소등기
Text

1. The defendant on July 4, 1997, as to the plaintiff's 61m2 of the Yongsan-gu, Changwon District Court B road B 61m2 of Changwon-si.

Reasons

1. Indication of claim;

A. On September 17, 1992, the Plaintiff purchased the land indicated in Paragraph 1 of the Disposition (hereinafter “instant land”) from Nonparty C.

B. The defendant purchased the land of this case from C on June 30, 1997, and completed the registration of ownership transfer with the Changwon District Court Msan Branch on July 4, 1997.

(The real estate registration book contains part of the defendant's resident registration number as D. However, in light of the defendant's transfer of the defendant's resident registration number to E on November 17, 1988 and the defendant's transfer of his resident registration to another place on August 30, 2005, it is obvious that the above "D" is a clerical error of "F"). Since the defendant is aware that C sells the above land to the plaintiff, it is actively involved in the act of breach of trust in the defendant's name, the above transfer registration in the defendant's name is invalid.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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