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(영문) 수원지방법원 2016.01.22 2015나15006

소유권이전등록

Text

1. The plaintiffs' appeal against the defendant is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

purport, purport, and.

Reasons

1. Basic facts

A. F and I are married couple, F and I had children G, E, Plaintiffs, and Defendant.

B. On January 30, 1996, the registration of transfer of ownership (hereinafter “the registration of transfer of ownership”) was made on the ground of gift made by the Defendant on January 10, 1996, on the part of the Defendant, on January 30, 1996, regarding the 1,693 square meters (hereinafter “the instant real estate”).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 2 and 3 (including provisional number), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the plaintiffs' assertion was only G and E, the whole property of which was known to G and E before the death of September 25, 1978. Accordingly, the plaintiffs and the defendant, who were F's descendants, resisted the real estate of this case registered as one of their own sole ownership, and E donated the real estate of this case to the plaintiffs and the defendant.

The plaintiffs and the defendant set up only the ownership transfer registration of the instant real estate donated by E in the future of the defendant, and the registration certificate has been kept by the plaintiff B.

Ultimately, the Plaintiffs are entitled to a title trust agreement with the Defendant regarding the instant real estate and have completed the registration of ownership transfer in the form of donation, which is null and void as a violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Therefore, the instant real estate should be restored to its original owner.

Since the original owner E dies, the Plaintiffs seek to cancel the registration of transfer of ownership of this case as to shares of 1/3 of the instant real estate among the instant real estate in subrogation of the inheritors.

B. According to the testimony of the J as follows: (a) Plaintiff B is in custody of the registration certificate of the instant real estate; (b) Plaintiff B is present at the court of first instance at the court of first instance at the court of first instance; and (c) Nonparty B was present at “E, who is the subject of the instant real estate, and the Defendant, who is the subject of the instant real estate, out of the inherited land.”