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(영문) 대전지방법원천안지원 2019.03.13 2018가단8008
소유권이전등기 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The owner on August 13, 2010 (transaction on July 23, 2010) owner C on April 22, 2013, the date of receipt of the registration of change in the list of ownership transfer of basic land (the date of receipt of the registration) owner C on August 13, 2010 (sale on July 29, 2010) owner C, who owned the land (sale on April 19, 2013), Defendant 2, the owner on February 12, 2003 (the date of acquisition of public land on February 6, 2003) owner on July 5, 2013 (the purchase on November 9, 2012) owner C on April 22, 2013 (the date of purchase and sale on July 22, 2013) owner C.

A. Details of changes in the ownership transfer registration of each land listed in the separate sheet are as follows:

(hereinafter referred to as the “instant land” and the land listed in the attached Table No. 1 (hereinafter referred to as the “land”). B.

D. A person who actually operated the company as an auditor of the Plaintiff, and E, who was the representative director of the Plaintiff, concluded a title trust agreement with C, etc. on the land Nos. 1, 3-8 and completed the registration of ownership transfer on August 13, 2010, and was prosecuted for violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Act”), and was punished.

(Reasons for recognition: 2017Do10103, Jan. 3, 2011; 7-11 (including additional numbers) and the purport of the entire pleadings). (The Daejeon District Court’s Decision 2015Da1568, Daejeon District Court 2016No3326, Supreme Court Decision 2017Do103)

2. The assertion and judgment

A. The Plaintiff 1’s assertion by the parties is the title trust of the instant land to the Plaintiff C, and thus the registration of transfer of ownership in the name of C on the instant land is null and void.

The defendant is not a person who has a new interest with the title trustee C, but rather a person who has entered into a contract with D, the title truster, and only has the appearance of a registration title made by the title trustee, and therefore is not a third party as referred to in Article 4(3) of the

Therefore, the registration of transfer of ownership in the name of the defendant, which was based on the registration of transfer of ownership in the invalid name C, should be cancelled.

The plaintiff as the true owner is the true owner.

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