소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff and the Defendant are women’s families, and on January 16, 2017, the Plaintiff and the Defendant are real estate listed in the separate sheet, owned by the Plaintiff (hereinafter “instant real estate”).
The fact that the registration of transfer of ownership in the name of the defendant was completed on the ground of the gift made on January 9, 2017 is not disputed between the parties or may be recognized by the statement in the evidence Nos. 1 to 3.
2. The plaintiff's assertion that the real estate of this case was held in title trust with the defendant as a tax issue, which is invalid against the law on the registration in the name of the actual right holder.
Even if the Plaintiff donated the instant real estate to the Defendant, it was a donation with a burden on the condition that the Defendant support and look at the Plaintiff. Since the Defendant did not perform such duty, the said contract is rescinded by delivering a copy of the complaint of this case.
In addition, if the plaintiff transferred the real estate of this case to the defendant, the plaintiff deceivings the defendant as if he would support the plaintiff, and its affiliation made the plaintiff complete the registration of transfer of the real estate of this case, and the contract of donation between the plaintiff and the defendant was revoked on the ground of
Therefore, the Defendant is obligated to implement the procedure for cancellation registration of ownership transfer registration completed with respect to the instant real estate to the Plaintiff.
3. Determination
A. As to the assertion on title trust, the real estate registration is presumed to have been completed based on legitimate grounds for registration from the fact that the registration of title trust existed formally. The fact that the registration of ownership transfer was completed based on the gift of this case is identical to the above acknowledged facts. Therefore, in order to recognize that the registration of ownership transfer under the name of the defendant was completed by the plaintiff's donation, and that the registration of ownership transfer under the name of the defendant was completed by destroying the presumption, it is necessary to prove that the registration was completed based on the title trust.