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(영문) 대전지방법원천안지원 2019.02.15 2017가합100683
소유권이전등기
Text

1. Of the instant lawsuit, the part concerning the real estate stated in the separate sheet No. 3 and the real estate stated in the separate sheet No. 4.

Reasons

1. Basic facts

A. The Parties’ relevant net F (Death on October 10, 208) resulted in four children, including Defendant D, Plaintiff, H, and I, between the deceased G (Death on December 31, 2010).

B. In the case of each land listed in the separate sheet No. 1, the ownership of the real estate listed in the separate sheet No. 1 was owned by Defendant B, and the registration of ownership transfer was completed on May 7, 1994 on the ground of sale and purchase on May 7, 1994. In the case of the land listed in the separate sheet No. 2, the ownership of Defendant C was owned by Defendant C, and the registration of ownership transfer was completed on May 7, 1994 (hereinafter collectively referred to as “each land of this case”).

2) In the case of the building listed in the attached Table 3, the registration of the preservation of ownership in the name of Defendant D was completed on January 4, 1996 by the ASEAN Branch of the Daejeon District Court as the receipt No. 51 on January 4, 1996.

Attached Form

The registration of ownership transfer of Defendant D was completed on April 25, 2013 due to the gift on January 4, 1996 by the ASEAN Branch of the Daejeon District Court of Daejeon District on January 4, 1996 and the registration of ownership transfer of Defendant E was completed on April 25, 2013.

(hereinafter referred to as "each of the buildings of this case" when combined with each of the buildings of the attached Schedules Nos. 3 and 4. 【The ground for recognition】 The fact that there is no dispute, entry in the evidence Nos. 1 through 6 (including each number if the provisional number is not separately stated; hereinafter the same shall apply), the purport of all the pleadings.

2. The plaintiff's assertion

A. Each of the instant lands is the land purchased by the deceased F on May 7, 1994 from Defendant B (in the case of the land listed in attached Table 2, the title trust of the real estate owned by Defendant B in the name of Defendant C). The registration of transfer of ownership in Defendant D’s name constitutes a third party title trust, and thus, constitutes a registration of transfer of ownership in Defendant D’s name, in principle, is null and void, contrary to the Act on the Registration of Real Estate under Actual Titleholder’s Name.

Accordingly, Defendant D is deceased.

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