(영문) 창원지방법원거창지원 2016.11.08 2016가단10365

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(영문) 창원지방법원거창지원 2016.11.08 2016가단10365

소유권이전등기

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. On October 16, 2012, C purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from D in the purchase price of KRW 37 million, and the Defendant completed the registration of ownership transfer in the name of the Defendant on October 24, 2012.

(However, D attached at the time of registration of transfer of ownership and written contract in the name of the defendant are written on October 22, 2012, the purchase price of which is KRW 27 million. / [Grounds for recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1 through 4 (including each number), the testimony of the witness C, and the purport of the whole pleadings.

2. Judgment as to the main claim

A. The Plaintiff’s assertion original Defendant and C concluded a title trust agreement with the Plaintiff holding ownership on each of the instant real estate, and the name thereof is to be the Defendant, and C purchased each of the instant real estate according to such agreement, and completed the registration of ownership transfer in the name of the Defendant.

However, the Plaintiff expressed his intention to terminate the title trust by serving the duplicate of the instant complaint, so the Defendant is obligated to implement the registration procedure for ownership transfer on the ground of termination of the title trust on each of the instant real estate on the date of delivery of the duplicate of the instant complaint.

B. In light of the judgment, Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name provides that a title trust agreement shall be invalidated, and any change in real rights to real estate made by a registration under a title trust agreement shall also be invalidated. Therefore, the Plaintiff cannot file a claim for the registration of ownership transfer based on the termination of a title trust agreement, premised

(2) The Plaintiff and the Defendant concluded a title trust agreement with respect to each of the instant real estate as seen in Paragraph (3) below. Therefore, the Plaintiff’s above assertion is not acceptable.

3. Judgment on the conjunctive claim

A. The defendant alleged by the plaintiff.

참조조문

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