(영문) 인천지방법원 2019.10.18 2018가단233852

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.10.18 2018가단233852

소유권말소등기

Text

1. Defendant D’s KRW 48,00,000 for Plaintiff A and 5% per annum from November 3, 2018 to October 18, 2019, and the following:

Reasons

1. Basic facts

A. The plaintiffs related to the plaintiffs are married with each other.

B. 1) Defendant C completed the registration of ownership transfer on the instant land on April 22, 2009. (2) Defendant C prepared a sales contract on May 25, 201, stating that Defendant C would sell the instant land to Defendant D in the amount of KRW 63 million (hereinafter “instant sales contract”).

3) Defendant D completed the registration of ownership transfer on May 27, 201 with respect to the instant land based on the instant sales contract. [The fact that there is no dispute over the grounds for recognition, Gap evidence No. 1, Eul evidence No. 4, and the purport of the whole pleadings]

2. The judgment on the plaintiffs' claim against the defendants (including plaintiff's primary claim against defendant A)

A. The Plaintiffs’ assertion and Defendant D concluded a title trust agreement with the content that the registered name of the instant land purchased by the Plaintiffs was Defendant D.

The title trust agreement between the plaintiffs and the defendant D is concluded with the defendant C, which is a seller. However, only the name of the registration is the so-called intermediate omission registration type title trust or three-party registered title trust in the future of defendant D, which is the trustee.

The title trust agreement between the Plaintiffs and Defendant D is null and void, and the registration of ownership transfer in Defendant D with respect to the instant land is also null and void.

In order to preserve the right to claim ownership transfer registration of the instant land according to the sales contract with Defendant C, the Plaintiffs seek procedures for the cancellation registration of ownership transfer registration in the name of Defendant D in subrogation of Defendant C, and seek against Defendant C the implementation of the procedures for ownership transfer registration of the instant land.

B. The Plaintiffs, as the husband of Defendant C, remitted the amount of KRW 3 million on May 20, 201 and KRW 60 million on May 25, 2011, respectively, to the F’s account, which is the husband of Defendant C.

B. Defendant D on the registration of ownership transfer of the instant land.

유사 판례

-수원지방법원 안양지원 2018.05.30 2017가단107948

-대구지방법원경주지원 2016.06.14 2015가단13129

-의정부지방법원 2016.12.23 2016나56909

-서울중앙지방법원 2018.07.27 2017나54977

-대전고등법원 2021.04.01 2020나12316