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(영문) 광주지방법원 2016.03.09 2015가단523031
소유권이전등기
Text

1. Defendant B and C are registered in real name as to each of the 1/2 shares in the real estate listed in the separate sheet to Defendant D.

Reasons

1. Judgment on the plaintiff's claim

A. The facts of recognition 1) Defendant D purchased the real estate listed in the separate sheet from Hyundai Industrial Development Co., Ltd. on July 21, 1990 and completed the registration of ownership transfer on October 7, 1992 as the receipt of the Gwangju District Court No. 40107, Oct. 7, 1992. 2) The Plaintiff entered into a contract to purchase the real estate listed in the separate sheet from Defendant D with KRW 72,00,000 on March 11, 1994, and agreed to complete the registration of ownership transfer in the name of the Plaintiff E, Defendant B, and C.

3) On April 194, the Plaintiff entered into a title trust agreement with E, Defendant B, and C with respect to real estate listed in the separate sheet. (4) Pursuant to each of the above agreements, the registration of ownership transfer was completed on April 1, 1994 under the name of E with respect to 2/5 shares among the real estate listed in the separate sheet, the name of the Defendant B with respect to 2/5 shares, the name of the Defendant with respect to 1/5 shares, and the name of the Gwangju District Court with respect to 1/5 shares under the name of the Defendant C with respect to 2/5 shares.

5 E completes the registration of transfer of ownership due to donation on November 10, 2008, No. 186348, Nov. 10, 2008, under the name of Defendant B with respect to 1/10 shares among the real estate listed in the separate sheet, with respect to 3/10 shares, under the name of Defendant C.

B. According to the above facts of recognition, registration of transfer of ownership in the name of E, Defendant B, and C completed in 194 with respect to real estate listed in the separate sheet is null and void pursuant to Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Since registration of transfer of ownership in the name of Defendant B and C is also null and void from E in the name of Defendant B and C in 2008, the buyer seeks for exclusion of transfer of ownership in the name of the actual right holder of the real estate. As the buyer seeks for exclusion of transfer of ownership in the name of Defendant D by subrogation of the seller, the buyer is obligated to perform the procedure for transfer of ownership due to the restoration of real name with respect to 1/2 shares of each of the real estate listed in the separate sheet. Defendant D is limited to the Plaintiff’

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