logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.11.03 2016가단521476
소유권이전등기
Text

1. The defendant has caused each real estate listed in the list of real estate attached to the plaintiff to be restored to its true name.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

1. Acquisition of the Plaintiff’s ownership;

A. On January 6, 1996, the Plaintiff acquiring land ownership completed the registration of ownership transfer in the name of the Plaintiff on the grounds of sale on December 20, 1995, on the land listed in the annexed sheet (hereinafter “instant land”).

[A Evidence No. 1 and Certificate of Closed Register]

B. On June 197, the Plaintiff acquired a building ownership: (a) newly constructed a building listed in the separate sheet (hereinafter “instant building”) on the instant land and subsequently acquired the ownership of the building.

2. Title trust;

A. On March 3, 1997, the Plaintiff registered a trust in the name of land shall have the ownership between the Defendant and the Plaintiff on the instant land. On December 28, 1996, the Plaintiff completed the registration of the transfer of ownership in the name of the Defendant on the ground of sale.

(A) A certified copy of the register of the land attested by subparagraph 2)

B. On June 14, 1997, the Plaintiff decided to hold ownership in respect of the instant building between the Defendant and the Plaintiff, and completed registration of ownership preservation in the name of the Defendant.

(A) A copy of the register of 2-2 building evidence

3. The defendant's duty to register the transfer of ownership;

A. Since an invalid title trust agreement on title trust is null and void, each of the above registrations is null and void.

B. According to the obligation to transfer ownership based on the restoration of the true name, the defendant is obligated to implement the procedure for the transfer of ownership based on the restoration of the true name with respect to the land and building of this case.

C. According to the relevant precedents (Supreme Court Decision 2002Da35157, Sept. 6, 2002) and Articles 4, 11, and 12 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, promulgated by Act No. 4944, Mar. 30, 1995, enforced July 1, 1995, etc., a real right to real estate under a title trust agreement prior to the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name.

arrow