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(영문) 광주지방법원 2020.07.23 2020가단99

신탁해지로 인한 소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant are married couple who completed the marriage report on July 31, 1990.

B. On April 28, 2011, the Plaintiff and the Defendant purchased each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”) from the pre-owner Cho Jong-do, in the purchase price of KRW 275 million, and completed the registration of ownership transfer on May 2, 201.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 6 (including each number), the purport of the whole pleadings

2. The Plaintiff purchased the instant real estate with the Plaintiff’s funds in title trust with respect to one-half shares, and the Plaintiff expressed his/her intent to terminate a title trust agreement against the Defendant on June 3, 2019. As such, the Defendant asserted to the Plaintiff that the Plaintiff was liable to implement the registration procedure for ownership transfer on June 3, 2019 with respect to the Defendant’s one-half shares among the instant real estate. However, it is insufficient to recognize that the evidence submitted by the Plaintiff was a title trust agreement with respect to the Defendant’s one-half shares among the instant real estate, and there is no other evidence to acknowledge otherwise, the Plaintiff’s claim premised on this premise is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.