(영문) 수원지방법원 2018.04.13 2017가단525957

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(영문) 수원지방법원 2018.04.13 2017가단525957

소유권이전등기

Text

1. The Defendants are to the Plaintiff:

(a) As to shares of 2/14 of each of the real estate listed in Schedule 1 through 4, b.

Reasons

1. Facts of recognition;

A. From around 2007, the Plaintiff lived with the deceased D (hereinafter “the deceased”) and married on March 29, 2010.

Meanwhile, the Defendants are children between the wife E and the Deceased, who were divorced on January 20, 1998 by the Deceased.

B. Each registration of ownership transfer in the deceased’s name on February 15, 2012 with respect to one-half portion of the real estate listed in the separate sheet Nos. 2 through 4 (hereinafter “the instant real estate”), among the real estate listed in the separate sheet Nos. 2 through 4, was completed on August 17, 2012 on the ground of sale on February 13, 2012. The registration of ownership transfer in the deceased’s name on August 10, 2012 for one-half portion of the instant real estate No. 1 was completed on August 17, 2012, and the registration of ownership transfer in the deceased’s name on July 30, 2012.

C. On July 24, 2016, the Deceased died, and the Plaintiff and the Defendants inherited the deceased’s property.

【Ground of recognition】 The fact that there has been no dispute, Gap's entries in Gap's 1 through 6, 24 through 26, 30, 38 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff acquired 1/2 shares among the real estate Nos. 1 through 4 of this case with the Plaintiff’s funds, and newly constructed the real estate No. 5 of this case. Upon the request of the Deceased who was a member of the body, the Plaintiff trusted each of the above real estate to the Deceased.

The Plaintiff, upon the delivery of the duplicate of the instant complaint, seeks the termination of a title trust agreement and the return of the entrusted property. As such, the Defendants are obligated to implement the registration procedure for ownership transfer on the 2/14 share of 2/7 shares among the instant real estate, each of the instant real estate 1 through 4, inherited from the Deceased, due to the termination of title trust.

B. Of the Defendants’ 1 to 4 real estate, each of the shares 1/2 and 5 of the instant real estate owned by the Deceased, and is not the property trusted by the Plaintiff.

Even if the plaintiff provided the deceased with the total purchase fund of each of the above real estate.

유사 판례

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