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(영문) 청주지방법원충주지원 2015.07.02 2014가합3610

소유권이전등기

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts constituting the premise of the dispute;

A. The plaintiff's mother C and the defendant are married couple on June 7, 1997, and the plaintiff is the defendant's mother.

B. The registration of transfer of ownership in the name of the defendant was completed on August 28, 2003 for each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on the grounds of the successful bid through voluntary auction on August 28, 2003.

C. On April 16, 2014, the Defendant filed a lawsuit against C for divorce and consolation money as the Cheongju District Court Branch Decision 2014ddan769, and C filed a counterclaim with the Cheongju District Court as the Cheongju District Court Branch Decision 2014ddan511 on December 17, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 4-1-8, the purport of the whole pleadings

2. As to the primary claim, the Plaintiff: (a) donated each of the instant real estate to the Defendant on the condition that the Defendant and C maintain a smooth matrimonial relationship; (b) the Defendant neglected home life and ultimately fulfilled the condition of rescission by filing a divorce lawsuit against C; and (c) the Defendant is obligated to implement the registration procedure for transfer of ownership based on the rescission of the gift contract with respect to each of the instant real estate; (c) however, there is no evidence to acknowledge the fact that the gift contract was concluded between the Plaintiff and the Defendant; (d)

3. Determination on the conjunctive claim

A. The Plaintiff’s assertion concluded a title trust agreement with the Defendant on each of the instant real estate and received the successful bid in the name of the Defendant. The Plaintiff fully borne by the Plaintiff the bid price of KRW 311,00,000. The said title trust agreement was null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the Defendant gains profits equivalent to the said successful bid price without any legal grounds, and the Plaintiff suffered damages equivalent to the said amount. Therefore, the Defendant is obligated to pay the Plaintiff the said KRW 311,00,000 and delay damages.