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(영문) 춘천지방법원속초지원 2020.07.14 2019가단202070

소유권이전등기

Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. C and D are the Plaintiff’s children, and the Defendant is D’s spouse.

B. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership transfer was completed on November 10, 2003 under the name of C, and the registration of ownership transfer was completed on February 19, 2004 under the Defendant’s name on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3, purport of the whole pleadings

2. The parties' assertion;

A. Plaintiff 1) The Plaintiff’s primary assertion is that the instant real estate was owned by the Plaintiff on June 11, 2018, by preparing a confirmation certificate (Evidence A No. 4) to the effect that the instant real estate was owned by the Plaintiff on June 11, 2018, since the Plaintiff purchased the instant real estate from E, but completed the registration of ownership transfer in the name of C, and thereafter concluded a title trust agreement with Defendant again, and completed the registration of ownership transfer in the name of Defendant, and such title trust agreement is null and void. As such, the Plaintiff sought confirmation that the instant real estate was owned by the Plaintiff on June 11, 2018.

B. The defendant asserted that no title trust agreement was concluded with the plaintiff on the real estate of this case, and since the defendant's husband D was written and the defendant's seal was affixed at will, the authenticity is not recognized.

3. Determination

A. The plaintiff's primary claim to determine the existence of the preserved claim 1 is a party who entered into a sales contract with E for the real estate of this case, and the plaintiff submitted a claim to transfer ownership to E. However, the plaintiff's primary claim to determine the existence of the preserved claim.