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(영문) 서울남부지방법원 2007. 01. 18. 선고 2005가합19751 판결
소유권이전등기의 무효여부[국승]
Title

Whether the registration of transfer of ownership is null and void

Summary

Registration made under title trust shall be null and void.

Related statutes

Article 150 of the Civil Procedure Act: deemed Confession

Text

1. With respect to the real estate listed in paragraph 1 of the annexed list, Defendant Kim○○ shall implement the procedure for the registration of ownership transfer on the ground of the recovery of authentic names by 2/1 shares in each of 2/1 shares against ○○○○ (*************************, ○○ apartment on the ground of ○○ apartment on the ground of ○○ apartment on the ground of ○○○ Dong on the attached list *************************************), ○ apartment on the ground of ○○ apartment on the basis of

2. Defendant ○○○○ Construction Co., Ltd. (***********************, ○○○○○○○○○○○○○ floor) followed the procedure for the registration of ownership transfer due to the restoration of authentic names with respect to the real estate listed in paragraph 2 of the attached Table.

3. The costs of lawsuit shall be borne by the defendants.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Indication of claim;

A. The Plaintiff has a claim of KRW 939,324,380 in total value-added tax from February 2, 2003 to January 2005 against ○○ Construction Co., Ltd. (hereinafter “Non-Party Company”).

B. At present, the non-party company was insolvent, and the real estate listed in the attached Table No. 1 (However, the real estate was registered in the name of ○○ Construction Co., Ltd., the representative of the non-party company, and the real estate listed in the attached Table No. 2 was transferred in the name of ○○○○, the non-party company, in order to avoid the above debt, under the name of the defendant Kim○, the birth of the representative director of the non-party company, and the real estate listed in the attached Table No. 2 was transferred in the name of ○○, the non

C. Therefore, each ownership transfer registration under the above Defendants’ names is null and void as a registration under title trust, and the Plaintiff seeks implementation of the procedure for ownership transfer registration based on the restoration of the authentic name in lieu of the cancellation of each ownership transfer registration completed by the Defendants in succession with the non-party company and the owner of each of the above real estate, such as ○ General Construction Corporation

2. Applicable provisions of Acts;

Each of the provisions of Article 208(3)2 of the Civil Procedure Act (a constructive confession by non-Appearance);

Site of separate sheet

Table 3

1.

Display of one building: ○○do ○○○○-dong 760 ○○○-dong 760 Do, ○○○○-si ○○○○○○-si ○○○○○-dong 200 ○○○-type

Indication of land which is the object of a site ownership: ○○do ○○○○○-dong 760 square meters larger than 1662.9 square meters.

Display of a building on a section for exclusive use: 00 square meters of reinforced concrete building No. 179.17 square meters

Display of a building in a section for exclusive use: 35.84/166 of the ownership and site right.

2.

Display of one building: ○○○do ○○○○-dong 2206-1, ○○○-si ○○○○○, 2206-1, and ○○ Mabro-bro ○○○○ business facilities and neighborhood living facilities.

Indication of land which is the object of a site ownership: ○○do ○○○○-dong 2206-1 square meters larger than 1252 square meters.

Display of a building on a section for exclusive use: 000 square meters of reinforced concrete building 143.54 square meters of a building

Display of a building in a section for exclusive use: 27.12/1252 of the right to the site of ownership.

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