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(영문) 수원지방법원평택지원 2015.07.10 2013가단18979
매매예약을원인으로한소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. As to the instant land, the registration of ownership transfer was completed in D name on August 12, 1980 on the ground of “trade on August 11, 1980,” and the provisional registration of ownership transfer claim was completed in E, F, and the Defendant’s name on the ground of “trade reservation on August 11, 1980.”

After November 18, 1982, the registration of transfer of ownership was cancelled, and the registration of transfer of ownership was completed in the name of the defendant on the ground of "trade on September 4, 1982" (hereinafter "the registration of transfer of ownership of this case") on the ground of "trade on September 4, 1982." On the same day, the provisional registration of transfer of ownership was completed in the E/F name on the ground of "trade reservation on November 11, 1982."

B. Meanwhile, on September 3, 1982, E, the Defendant, F, and G drafted an agreement with the following contents:

Then, it is confirmed that the ownership is four persons indicated above, because the Gyeonggi-do Ansan-gun Real Estate is registered in B’s name for convenience but is owned jointly by four persons in substance E, B, F, and G. At the same time, if there is any change, such as the sale and purchase of the above real estate, the agreement is made to distribute each person’s real ownership as follows:

C. Since then, the Plaintiff succeeded to E and the Nonparty listed in the attached list (hereinafter “Nonindicted Party”) respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The summary of the plaintiff's assertion was the defendant, E, and F together, but the plaintiff did not receive the fraternity from the transferor, and the transferor transferred the ownership of the land of this case to the defendant, E, and F under an agreement with the defendant, E, and F to trust the ownership of the land of this case to the defendant. According to the agreement, the registration of ownership transfer was completed in the defendant's name, and E, and F established a provisional registration for the land of this case on the same day. The E's share of ownership of the land of this case was 1/2 (250 square meters, 250 square meters).

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