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(영문) 의정부지방법원 2015.11.03 2014가단35860
원인무효에의한 소유권이전등기의 말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and Defendant D were legally married, and they divorced around December 22, 2003, and Defendant B and Defendant D are children of the Plaintiff and Defendant D.

B. On November 23, 1999, Defendant D completed the registration of ownership transfer based on the sale on September 20, 1999 with respect to the land of 4,155 square meters (hereinafter “former F F land”) located in Seocheon-si, Seocheon-si, Mapo-si. Defendant D completed the registration of ownership transfer based on the sale on September 20, 199. On March 5, 2003, Defendant C completed the registration of ownership transfer based on the donation from February 19, 2003.

C. On July 8, 2003, the former F land was divided into 2,502 square meters (hereinafter “1 land”) and 1,653 square meters (hereinafter “2 land”) prior to the E, the former F land was registered.

On July 23, 2003, Defendant C and D completed the registration of ownership transfer of the entire co-owner's share transfer on the ground of the donation of No. 2 to Defendant B on July 1, 2003.

[Ground for Recognition: Facts without dispute, Gap evidence 1-2, Gap evidence 2-1, 2, 2-3, and Gap evidence 6]

2. Determination

A. The plaintiff asserted that the plaintiff purchased the former F land in the amount of KRW 95 million from the previous owner on September 20, 199 and completed the title transfer registration under the name of the defendant D after concluding a title trust agreement with the defendant D.

However, on March 5, 2003, Defendant D completed the registration of ownership transfer with respect to 662/4,155 shares of the former F land among the former F land, and again Defendant D and C completed the registration of ownership transfer with respect to the second land divided from the former F land on July 23, 2003 to Defendant B. Unless Defendant C and B have any special reason to acquire each of the above land, Defendant C and B succeeded to the above title trust agreement between the Plaintiff and Defendant D.

Accordingly, the plaintiff terminated the above title trust agreement between the plaintiff and defendant D with the delivery of a duplicate of the application for correction of the purport and cause of the claim of this case. Accordingly, each of the above claims against the defendants are stated.

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