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(영문) 대구지방법원 2015.10.07 2015나303445

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 10, 2011, the Defendant completed the marriage report with C, the Plaintiff’s son, and has lived in E, together with C.

The Plaintiff is the mother of C.

B. As to each one-half share of the real estate listed in the separate sheet (hereinafter “instant real estate”) registered as D, the registration of transfer of ownership was completed on January 14, 2012 by the Defendant and C as co-owners as of February 28, 2012, which was received on February 28, 2012 from the registration office of the Daegu District Court as of February 28, 2012.

(hereinafter referred to as “registration of ownership transfer in the Defendant’s name” is the case’s registration of ownership transfer.

The Plaintiff directly performed business related to the conclusion of the sales contract on the instant real estate, and all taxes related to the purchase price of the instant real estate and the acquisition and possession of the instant real estate were borne by F, who is the Plaintiff or the Plaintiff’s spouse.

The Plaintiff has been responsible for various taxes related to the instant real estate until now, and directly performed the duties related to the renewal of the lease agreement with G residing in the instant real estate as a lessee at the time of the instant real estate sales contract.

E. The Plaintiff holds information on the registration of transfer of ownership on the instant real estate and a notice on the completion of registration (hereinafter “registration certificate”).

F. The Defendant and C are currently pending divorce lawsuits.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 9 (including branch numbers), the purport of the whole pleadings

2. The plaintiff asserts that the transfer registration of ownership in this case was in accordance with the title trust agreement between the plaintiff and the defendant, and the defendant asserts that the plaintiff donated 1/2 of the real estate in this case to the defendant.

3. Determination

A. In the case of so-called three-party registered title trust, the title trust agreement and registration thereunder are null and void, and as a result, the registered real estate is returned to the seller.