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(영문) 울산지방법원 2014.06.26 2013가합7321
소유권이전등기말소 등
Text

1. As to real estate listed in the separate sheet:

A. Defendant C is the Ulsan District Court Yangsan Registry on May 2004 to Defendant B.

Reasons

1. Basic facts

A. On March 16, 2004, the Plaintiff drafted a sales contract with the content that the Plaintiff purchases real estate listed in the separate sheet (hereinafter “instant real estate”) from Defendant B for KRW 158 million and the sales contract with the content that Defendant C purchases KRW 53 million from Defendant B on April 30, 2004, respectively.

B. After that, Defendant B completed the registration of ownership transfer (hereinafter “instant registration”) under the receipt No. 18232 of May 6, 2004 by the Ulsan District Court Yangsan District Court Yangsan Branch Office on April 30, 2004 on the instant real estate on the ground of sale and purchase on April 30, 204.

[Ground of recognition] between the plaintiff and the defendant Eul: The facts that there is no dispute between the plaintiff of confession and the defendant Eul: Gap's evidence 1, Gap's evidence 3, Gap's evidence 4 (including the provisional number), the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff purchased the real estate of this case from the defendant Eul, but there was a title trust agreement between the plaintiff and the defendants to set the name of the real estate of this case purchased by the plaintiff in the defendant Eul, and that the plaintiff promptly completed the registration of this case in the defendant Eul's future according to the above title trust agreement.

On the other hand, Defendant C did not have the above title trust agreement, and the Plaintiff decided to donate the instant real estate to Defendant C, and asserted that the Plaintiff purchased the instant real estate from Defendant C under the name of Defendant C, and completed the instant registration in the name of Defendant C.

3. Determination

A. Determination 1 on the grounds for registration and validity of the instant registration is a contract established by the agreement between the parties, and such a contract may be concluded explicitly and implicitly, as well as explicitly. The recognition of the title trust fact is a matter of fact-finding, and if any specific evidence or fact exists as a matter of fact-finding, the fact of title trust should be necessarily acknowledged.

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