beta
(영문) 서울북부지방법원 2018.06.14 2017가단134321

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is between C and C, and the Defendant is the mother of C’s wife D.

B. With respect to each real estate listed in the separate sheet Nos. 1 and 2, which the Plaintiff owned by E, 1 and 2, < Amended by Presidential Decree No. 15083, Jan. 13, 1998; Presidential Decree No. 15093, Sep. 3, 1998; Presidential Decree No. 15837, Jun. 16, 2000; Presidential Decree No. 17097, Sep. 3, 1998; Presidential Decree No. 17088, Jun. 15, 2000>

C. Regarding the real estate listed in the separate list No. 3, which was owned by G, the registration of ownership transfer was completed on January 10, 1985 under the name of the Plaintiff on December 20, 1994, and on June 16, 200 under the name of D on June 15, 200, respectively.

C and D died due to the fire prevention of H on October 21, 2010, and accordingly, on August 8, 2012, 2012, each of the instant real estates was completed on October 21, 2010 in the name of the Defendant who solely inherited the network D.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and 5 evidence, each of the statements 1, 2 and 3, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. C and D, the Plaintiff’s cause of the Plaintiff’s claim, as they are feared to proceed to divorce due to the difference between the Plaintiff’s wife and the Plaintiff’s nature, recommended the Plaintiff to place the instant real estate in title trust to D, which was accepted by the Plaintiff and the Plaintiff on June 15, 200, respectively, entrusted the title trust of D’s respective real estate owned by the Plaintiff.

However, the defendant who succeeded to D after the death of C and D refuses to return each of the above real estate notwithstanding the plaintiff's explanation and request. The above title trust between the plaintiff and D is terminated through the service of a copy of the complaint of this case and the return of each of the above real estate, which is the trust property, to the defendant.

B. Determination 1) Act on the Registration of Real Estate under Actual Titleholder’s Name, promulgated by Act No. 4944, Mar. 30, 1995 and enforced July 1, 1995 (hereinafter “Act on the Registration of Real Estate under Actual Titleholder’s Name”).