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(영문) 서울남부지방법원 2018.07.11 2017가단32224

부당이득금 반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Although the instant real estate was originally owned by the Plaintiff, on March 8, 2005, the registration of ownership transfer was completed in the name of Daejeon District Court Sejong District Court No. 4104 as of March 16, 2005 due to the sale and purchase on March 8, 2005.

B. Following D’s death, the present real estate of this case is currently being transferred to the Defendant under the name of D (hereinafter “the deceased”) as the wife of D (hereinafter “the deceased”) due to a consultation and division on September 18, 2015.

C. After the Deceased acquired the registration title, the property tax on the instant real estate was borne by the Deceased and the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-2, and Eul evidence 2

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that " he held the real estate of this case in title trust to the deceased," but the title trust agreement and any change in real rights based thereon are null and void in accordance with Article 4 of the Act on the Registration of Real Estate under Actual Titleholder's Name, and the defendant's registration of inheritance based on invalid registration is also null and void. Thus, the defendant asserts that the plaintiff is liable to implement the procedure for the registration of ownership transfer

B. (1) Since the person who is registered as the owner with respect to (1) real estate is presumed to have acquired the ownership by due process and cause, the fact that the registration was based on the title trust has the burden of proof for the claimant.

(2) According to each of the evidence No. 5-1, No. 5-2, and No. 6, the Plaintiff’s possession of acquisition tax receipts, certified judicial scrivener’s expense receipts, and registration certificates for the instant real estate, which were paid at the time of transfer of the real estate to the deceased’s name, is recognized, and documents proving legal relationship, such as the registration certificate, are held by the title truster, the actual owner.