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(영문) 부산지방법원 2019.07.25 2018가단308982
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. In fact, each of the instant real estate was owned by the Plaintiff. As to the instant real estate Nos. 1, 2, and 3, the ownership transfer registration was completed on May 2, 2017 by the Busan District Court’s receipt of the Busan District Court’s Busan District Court’s receipt of the registration office on the same day. As to the instant real estate Nos. 4 and 5 on May 2, 2017, the ownership transfer registration was completed on May 2, 2017 by the Busan District Court’s receipt of the Busan District Court’s receipt of the Busan District Court’s receipt of the registration office on the same day.

2. The plaintiff's assertion

A. The Plaintiff sold real estate Nos. 1, 2, and 3 of this case to Defendant C in the purchase price of KRW 60,000,000. Defendant C entered into a title trust agreement with Defendant B, one of which was one’s own, and completed the registration of ownership transfer under Defendant B’s name with respect to the instant real estate Nos. 1, 2, and 3 by using a sales contract prepared formally between the Plaintiff and the Defendant B. Since the title trust agreement among the Defendants and any change in real rights arising therefrom are null and void in violation of Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, Defendant B is obligated to cancel the registration of ownership transfer with respect to the instant

B. In addition, the Plaintiff heard Defendant C’s horse to be attached to the land located adjacent to the instant real estate Nos. 1, 2, and 3, and made mistake that the instant real estate Nos. 1, 2, and 3, which are the original subject of sale, was two parcels, and issued a certificate of seal impression for sale of the instant real estate Nos. 4, 5, and completed the registration of transfer of ownership to Defendant C, in addition to the instant real estate Nos. 1, 2, and 3, and completed the registration of transfer of ownership. As delivery of the instant complaint, the Plaintiff revoked the sales contract for the instant real estate Nos. 4, 5 on the ground of mistake, Defendant C is obligated to cancel the registration of transfer of ownership for the instant real estate No. 4, 5

3. Determination

A. We examine the judgment on the claim against Defendant B, the fact that Defendant B was a cook of Defendant C, and the Plaintiff’s ownership.

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