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(영문) 청주지방법원 2014.11.12 2014가단13372
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 16, 2005, a sales contract was concluded between the Plaintiff, the Defendant, and Nonparty H with respect to the amount of KRW 11,00,000,000,00 with respect to the amount of KRW 380,000,000,000,000,000 prior to the merger, and KRW 410,00,000,000.

B. After the registration of transfer of ownership in the name of the defendant and H was completed on May 17, 2005 with respect to the land of this case on the grounds of sale on May 17, 2005, the registration of transfer of ownership in the name of the defendant was completed on June 28, 2005 with respect to shares of H 1/2 of the land of this case.

C. On July 16, 2007, a lot of land, including the instant land, was combined and became 2,506 square meters at the present Chungcheongnam-gun, Chungcheongnam-do.

【Ground of recognition】 Evidence Nos. 1, 2-1, 2, and 1 of Evidence No. 1

2. The Plaintiff’s assertion that the land was the land that the Plaintiff intended to donate to I, and the registration under the I name was difficult, and the Plaintiff was title trusted to the Defendant and H.

Since a title trust agreement entered into between the plaintiff, the defendant, and H is null and void, the return thereof shall be sought.

3. First of all, as to whether the Plaintiff claimed a title trust agreement, the health class and the statement on the evidence No. 6 alone are insufficient to recognize it, and there is no other evidence to acknowledge it.

The plaintiff's assertion is without merit without further review.

4. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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