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(영문) 대법원 2019.08.14 2018다302247
소유권이전등기
Text

All appeals are dismissed.

The costs of appeal by the plaintiff are assessed against the plaintiff and the defendant.

Reasons

The grounds of appeal are examined.

1. As to the Plaintiff’s grounds of appeal, the lower court dismissed the Plaintiff’s primary claim seeking implementation of the procedures for ownership transfer registration based on the agreement on April 11, 2011, on the grounds as indicated in its reasoning.

In light of the relevant legal principles and records, the above determination by the court below is acceptable, and there is no error of misapprehending the legal principles as to the parties' confirmation, interpretation of disposal documents, and breach of trust, which affected the conclusion of the judgment.

2. As to the Defendant’s grounds of appeal, on the grounds indicated in its reasoning, the lower court determined that the registration of transfer of ownership under the name of the Defendant, which was completed pursuant to the title trust agreement, is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the Plaintiff, a joint owner of the instant building, may file a claim for cancellation of

In light of the relevant legal principles and records, the above determination by the court below is acceptable, and there is no error of law that affected the conclusion of the judgment by misapprehending the legal principles as to the confession in court, the preservation of a combination of property, and the interpretation of Article 8 of the Act on the Registration of Real Estate under Actual Titleholder's Name

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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