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(영문) 부산지방법원 2020.08.25 2019가단345254
소유권이전등기
Text

The plaintiff's primary and conjunctive claims are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The fact that on March 5, 2010, the registration of ownership transfer under the Defendant’s name (hereinafter “instant registration of ownership transfer”) was completed due to sale by voluntary auction on March 12, 2010 as to the land stated in the purport of the claim for the claim of the basic facts (hereinafter “instant land”) does not conflict between the parties, or is recognized by comprehensively taking into account the entries in the evidence No. 3 and the whole arguments.

2. Determination

A. (1) The plaintiff, the main cause of the claim, agreed to purchase the land of this case by voluntary auction with the defendant at the cost of 1/2 of the price, and completed the registration of ownership transfer of this case. This constitutes a title trust of 1/2 of the above land to the defendant. Thus, the defendant is obligated to implement the registration procedure for ownership transfer on the ground that the plaintiff, the actual owner of 1/2 of the above land, is the actual owner of the above land.

(2) In the relevant legal doctrine auction procedure, where a person who intends to purchase real estate obtained a decision to permit the sale under his/her name under a title trust agreement with another person and paid the purchase price in full at his/her own expense, ownership of real estate for auction purposes is acquired by the title holder regardless of whether he/she bears the purchase price, and a title trust agreement between the title truster who has lent the purchase price and the title trustee is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), and the title truster is not entitled to seek a return of the real estate itself

(3) The Plaintiff and the Defendant paid KRW 186,60,000 for the purchase price of the instant land by contributing to KRW 100,000,000, respectively, respectively. (3) The instant case is subject to the payment of KRW 186,60,000 for the purchase price of the instant land.

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