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(영문) 서울서부지방법원 2019.03.15 2018가단239687

소유권말소등기

Text

1. As to the real estate listed in the separate sheet to the Plaintiff:

A. Defendant C is the Seoul Western District Court’s Bupyeong registry office on 2006.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B are legally married couple who completed the marriage report on January 16, 2002.

Defendant C is a child born between Defendant B and the former husband D (Defendant B and D divorced).

B. On July 3, 2004 with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), the ownership transfer registration for the gift was completed as of July 2, 2004 under the name of the Defendant (hereinafter “the first ownership transfer registration”) with No. 36538 of the Bupyeong District Court’s receipt of the Eunpyeong District Court’s registration office on July 2, 2004. On May 29, 2006, the ownership transfer registration for the gift was completed under the name of the Defendant C with No. 28592 of the receipt of the same registry office on May 26, 2006 (hereinafter “the second ownership transfer registration”).

[Ground for recognition] As to Defendant B: The fact that there is no dispute against Defendant C, each of the evidence Nos. 1 and 2 (including the number of branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings as to the confession (Article 150(1) and (3) of the Civil Procedure Act)

2. Determination as to the claim against the defendant B

A. In addition to the instant real estate, the Plaintiff was also holding Fho Lake among the ground E Condominium in Eunpyeong-gu Seoul, where the instant real estate was located.

In around 2004, there was a question that the reconstruction will take place in Eunpyeong-gu Seoul Metropolitan Government G unit, and that if the ownership of real estate is registered in the name of a person who has ownership of real estate, the right to move in has only one Chapter.

Accordingly, the Plaintiff agreed with Defendant B to title trust the instant real estate, and completed the registration of title transfer in the name of Defendant B on July 3, 2004. Since the registration of title transfer in the name of Defendant B on the instant real estate is null and void as it is in accordance with a title trust agreement, Defendant B is liable to implement the registration procedure for cancellation of title transfer in the instant real estate.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act shall apply to a judgment rendered by the confession of applicable provisions of Acts;