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(영문) 부산지방법원 2018.05.03 2017가단321933
소유권이전등기
Text

1. The Defendant’s ground for termination of title trust as of September 5, 2017 on the real estate stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant are legally married couple who completed the marriage report on October 6, 1989.

B. The registration of ownership transfer under the name of the Defendant was completed on May 21, 2004 on the real estate listed in the separate sheet (hereinafter “instant real estate”) on the ground of sale and purchase on May 21, 2004 (hereinafter “the instant sales contract”).

[Recognition] Each entry of Gap evidence Nos. 2 and 5 (including paper numbers)

2. The judgment on the cause of the claim between the married couple is presumed to be the property acquired in his sole name during the marriage, and there was cooperation between one party in the acquisition of the property under his own name;

Although the presumption is not reversed solely on the basis of the fact that there was an objection under the above provision, if the other party proves that he actually acquired the price of the property concerned, the presumption is reversed, and if the other party bears the price for the property, the other party may be deemed to have held the title trust with the title holder for convenience as the actual owner.

(1) In light of the following circumstances, it is reasonable to deem that the real estate of this case is the real property owned by the Plaintiff and is in title trust to the Defendant for convenience of the Plaintiff. As long as the Plaintiff terminated a title trust agreement by delivery of the duplicate of the complaint of this case, the Defendant is obligated to implement the procedure for ownership transfer registration on September 5, 2017 with respect to the real estate of this case on the ground that the registration date of title trust is the delivery date of the duplicate of the complaint of this case, and that the registration date of title trust is the delivery date of the copy of the complaint of this case.

① At the time of the instant sales contract, the Plaintiff is C Co.

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