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(영문) 서울북부지방법원 2019.01.08 2018나35101

소유권이전등기

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1. Upon the request of this court for a change in exchange, the Defendant shall provide the Plaintiff with each real estate listed in the separate sheet.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 5, and 16 (including each number; hereinafter the same shall apply), together with the whole purport of the pleadings:

The plaintiff is between C and C, and the defendant is the mother of C's wife D.

B. As to the real estate in the annexed list Nos. 1 and 2 owned by the plaintiff Yangbi E, ① as to the reason for the sale on Jan. 13, 1998 in the name of F on Jan. 20, 1998, ② as to September 3, 1998 in the name of the plaintiff on Sep. 8, 1998, each registration of ownership transfer was completed for the sale on June 15, 200 in the name of the plaintiff on Sep. 3, 1998, ③ as to June 16, 200.

C. As to the third real estate listed in the separate sheet that was owned by G, the registration of transfer of ownership was completed in the name of the Plaintiff on December 20, 1994, on January 10, 1985, and the name of the Plaintiff on June 16, 200, respectively. < Amended by Presidential Decree No. 16935, Jun. 15, 2000>

C and D died due to the fire prevention of H, the only child on October 21, 2010, and accordingly, on August 8, 2012, each registration of ownership transfer was completed on October 21, 2010 with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) in the name of the defendant who solely inherited the network D.

2. The assertion and judgment

A. The gist of the parties’ assertion 1) Plaintiff C and D had the possibility that the Plaintiff would proceed to divorce, as they would be able to challenge the difference between the Plaintiff’s wife and the nature of the Plaintiff at the beginning of the new marriage. The Plaintiff solicited the Plaintiff to place each of the instant real estate in title trust to D. The Plaintiff accepted it and held the title trust of the instant real estate owned by D around June 15, 200. In other words, the title trust between the Plaintiff and D is bilateral registered title trust, and the Defendant inherited the status of D’s title trustee upon the death of D. However, the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

According to Article 4 (1) and (2), the above title trust and this case.