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(영문) 수원지방법원 성남지원 2018.04.03 2017가단210692

소유권이전등기

Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the respective descriptions of Gap evidence 1 to 4, and Eul evidence 1 to 9, as well as the whole purport of oral proceedings:

On June 4, 1985, the network E (hereinafter referred to as the "the network") of the plaintiffs was divorced from the parent-child F of the plaintiffs.

B. After completing the marriage report with the Defendant on September 23, 1985, the Deceased resided with the Defendant on the G-based G-based G-based G-based G-based, Sungnam-si (hereinafter “first house”), and on December 27, 1985, the registration of preservation of ownership was completed jointly with the Deceased on December 27, 1985.

C. The Deceased purchased a house on the H ground (hereinafter “second house”) with the Defendant, and completed the joint registration of ownership transfer, and thereafter moved into the said house on October 27, 1989.

around December 197, 197, multi-household housing (referred to as "multi-household housing" among the indications of real estate indicated in the attached Form list; hereinafter referred to as "multi-household housing of this case") was newly built on the above H land and neighboring I land, and among those listed in the attached Form No. 201 of the second floor, "the housing of this case" is "the housing of this case".

On December 23, 1997, registration of preservation of ownership was completed in the name of the defendant.

E. The Deceased, while residing in the instant house with the Defendant, died on November 17, 2016, and there was no change in ownership of the said house until now.

F. Meanwhile, on April 15, 1985, the defendant opened and operated a restaurant with the trade name J on April 15, 1985, and closed down on December 31, 1989.

2. The parties' assertion and judgment

A. The 1st Plaintiffs asserted by the parties, on the premise that “The instant house was newly constructed by the Deceased with his own funds, and is owned by the Deceased.” ① The Deceased primarily held the title trust with respect to the instant house, and the Plaintiffs, the inheritor, terminated the title trust agreement between the Deceased and the Defendant.