beta
(영문) 서울북부지방법원 2015.11.10 2015가단116701

토지인도 등

Text

1. The Defendants are to the Plaintiff.

(a) deliver Jung-gu Seoul Jung-gu E large area of 179 square meters;

(b) 4,144,264 won and as regards them;

Reasons

1. Facts of recognition;

A. From August 24, 1980, the deceased F (Death on March 29, 2010) resided in the family including wife G (hereinafter “the previous building of this case”) in the 1 building indicated in the attached list on the ground surface of 173 square meters (hereinafter “the site of this case”) in Jung-gu, Seoul (hereinafter “the previous building of this case”), and entered into a title trust agreement with H, the former owner of the instant site and the previous building of this case, with the content that F would purchase the instant building site of this case and the building of this case from J, the former owner of which the name of registration was to be named in I.

According to the above title trust agreement, on September 25, 1980, the registration of ownership transfer was made under the name of the above I with respect to the site of this case and the previous building of this case on September 24, 1980.

B. On August 23, 1985, Jinjin Food Co., Ltd., the mortgagee of the instant site and the instant previous building, filed an application for voluntary auction (hereinafter “instant auction procedure”) with K for the instant site and the instant previous building in Seoul District Court branch of the Seoul District Court (hereinafter “instant auction procedure”). As F’s family members are at the risk of transferring ownership in the auction procedure, F requested the Plaintiff, the G resident, who is the Plaintiff at the same time, to request for the auction of the instant site and the instant previous building.

Accordingly, in the auction procedure of this case, the plaintiff was awarded a highest bid price of KRW 37.6 million, and was awarded a successful bid for the land of this case and the previous building of this case on August 14, 1986, and paid the successful bid price at his own money on or around August 14, 1986. The registration of transfer of ownership was made under the name of the plaintiff on January 15, 1988 for the land of this case and the previous building of this case on August 14, 198.

C. A family member of F has continuously resided in the instant previous building even after the Plaintiff was awarded a successful bid for the instant land and the instant previous building, and F was the name of the Plaintiff on April 20, 191.