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(영문) 서울서부지방법원 2017.08.17 2017나30044

소유권이전등기

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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On February 28, 2014, the deceased G (hereinafter “the deceased”) completed the registration of ownership transfer based on sale of the instant apartment on November 29, 2013, and reported the transaction value to KRW 288,000,000.

B. The Deceased died on August 18, 2015, and his heir is the Plaintiff’s wife, Defendant B (mams), C(mas), Co-Defendant D(3), E(4), and F(5).

On November 23, 1979, the deceased remarried and completed the marriage report on November 23, 1979. The Defendants are the forms produced by the former’s wife, and D, E, and F are the forms produced by the Plaintiff.

C. The plaintiff is residing in the apartment of this case, and the deceased also resided in the apartment of this case before his death.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 6, 7 evidence (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s primary cause of claim (title trust 1) purchased the apartment house of this case with the deceased, and held title trust with the deceased, and the heir, including the Defendants, inherited the deceased’s status. The Plaintiff’s death upon the deceased’s filing of the instant complaint. The Plaintiff terminated the title trust with respect to the Defendants. Therefore, the Defendants are liable to implement the procedures for ownership transfer registration on each 1/13 share of the instant apartment, among the shares in title trust, on the ground of termination of the title trust. (ii) The real estate title trust between the judgment couples does not violate the relevant laws and regulations, and there are many cases where both spouses acquire real estate by making contributions to their own property and register ownership in the name of one of the married couple. In such a case, there may be awareness that one spouse, who does not have the title of ownership, has the right to the said real estate jointly with the other spouse.

However, one side of the married couple is under marriage.