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(영문) 제주지방법원 2020.03.23 2019가단59372

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. On November 9, 191, the Plaintiff succeeded to the real estate listed in the separate sheet (hereinafter “instant real estate”) due to the death of the Plaintiff’s mother C, and completed the inheritance registration under Jeju District Court’s receipt No. 14231 on April 21, 1993.

B. On September 10, 2007, the Plaintiff entered into a title trust agreement with D on the instant real estate, and completed the registration of ownership transfer in the name of D on September 10, 2007 as Jeju District Court No. 67214 on September 10, 2007.

C. On August 27, 2010, the Plaintiff reported marriage with the Defendant. D.

The registration of transfer of ownership in the name of the defendant was completed on January 16, 2013 by Jeju District Court No. 3903, which was received on January 16, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The registration of transfer of ownership, which was completed in sequence in D and the Defendant with respect to the instant real estate claimed by the Plaintiff, is null and void by way of title trust.

The Defendant is obligated to implement the procedure for ownership transfer registration on the instant real estate to the Plaintiff for the restoration of real name.

3. Determination

A. Since a person registered as an owner of real estate is presumed to have acquired ownership through due process and cause, the fact that the registration was based on the title trust has the burden of proof for the claimant.

(See Supreme Court Decision 2007Da90883 Decided April 24, 2008). B.

Based on the title trust agreement, the Plaintiff: (a) was divorced from E in around 2000, and the liability was incurred in around 2002, and the auction was withdrawn on or around 2006; (b) when the auction was withdrawn, the Plaintiff and the Defendant trusted the instant real estate to D; and (c) the Plaintiff and the Defendant are remarried and are supported jointly by each child born from each other; (d) thus, the Plaintiff’s donation of the instant real estate to the Defendant for the purpose of supporting one’s former married children is very exceptional; and (c) the cause for registration.