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(영문) 인천지방법원 2019.06.21 2018가합60211

소유권이전등기

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1. The defendant shall be the plaintiff.

A. As to each real estate listed in the separate sheet, it is based on the restoration of the true name.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on August 4, 198 in the name of A and D on August 22, 198 with respect to 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”). On August 22, 198, the registration of ownership transfer was completed on August 4, 198 with respect to 1/2 shares of the instant real estate in the name of D on August 22, 198.

B. As to the instant real estate, on March 29, 1996, on October 23, 1995, the provisional registration of the right to claim ownership transfer based on the trade reservation was completed under the Defendant’s name on October 23, 1995, and on July 14, 1997, the registration of ownership transfer was completed under the Defendant’s name based on the above provisional registration.

(hereinafter “instant transfer registration”). C.

Meanwhile, E, the Defendant and the Defendant’s spouse, is operating a kindergarten (G kindergarten, hereinafter “F kindergarten”) with respect to the instant real estate from the time when the registration of ownership transfer was completed under A’s name.

The instant lawsuit was filed by A as the Plaintiff, and the Plaintiff, the sole heir, died on March 9, 2018 during the instant lawsuit (hereinafter referred to as “the deceased”) and succeeded to the lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 9 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. On August 5, 198, the Plaintiff and the Deceased accepted the F kindergarten operated in the instant real estate from D on August 5, 1988, and leased it to E, the Defendant’s spouse, to operate the kindergarten.

As the management status of H, a corporation run by the deceased, rapidly aggravated from around 1994, the deceased entered into a title trust agreement with the Defendant, the husband of E, for the purpose of evading compulsory execution. On October 1995, the deceased entered into a provisional registration under the name of the Defendant on March 29, 196, and completed the registration of ownership transfer of this case, and thereafter he received KRW 10 million from the Defendant as rent every quarter.