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(영문) 부산고등법원 2015.04.23 2014나52483
소유권이전등기 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff is the child of the deceased C (hereinafter "the deceased"), and the defendant is the birth of the deceased.

B. On June 7, 1976, the deceased and the defendant completed the registration of ownership transfer based on sale on June 4, 1976, with respect to each one-half portion of the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. The Deceased died on May 3, 1993, and the Deceased’s property successors are the Plaintiff, D, and E.

A title truster’s heir of the Deceased’s Agreement (Written Agreement)

1.D,

2. E,

3. Indication of the Defendant’s real estate on the part of the Plaintiff, the title trustee, and 1/2 of the Defendant’s share for the purpose of 361.8 square meters

1. The above real estate is a real estate owned by the deceased and held in trust to the defendant for convenience.

2. The above real estate is inherited to the inheritor, D, and E on May 3, 1993 by the deceased on the death of May 3, 1993, and is continuously owned by the name of the title trustee for convenience even after the death.

3. The heir, at any time, should terminate this title trust agreement and, at any time, at the time when the heir requests the return of the real estate, change the title of the said real estate to the title truster’s heir, and immediately order the said real estate.

On September 22, 1993, the plaintiff, D, E, and the defendant entered into an agreement with the following contents:

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2 (a dispute over the part of the defendant's seal impression, and the whole document's authenticity is presumed to have been established. The defendant asserts that the defendant affixed a seal to the above agreement on the condition that G, the plaintiff's mother, pays KRW 1 billion to the defendant, but the defendant's testimony of the party witness H is insufficient to recognize it, and there is no other evidence to acknowledge it)'s written statement and the whole purport

2. Determination

A. According to the judgment on the cause of the claim 1, the deceased agreed to make a title trust agreement to the Defendant on the one-half share while purchasing the instant real estate.

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