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(영문) 인천지방법원 2017.08.16 2017가단840
소유권이전등기등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. Defendant B is the Plaintiff’s children.

B. The instant real estate was owned by Defendant C, and the transfer registration of the instant real estate was completed on August 20, 1992 under Defendant B’s name due to the sale on June 20, 1992.

[Ground of recognition] Evidence No. 1-1, Evidence Nos. 4, 5, and 6-1, and the purport of the whole pleadings

2. Determination on the registration of cancellation of ownership and the application for ownership transfer registration

A. The Plaintiff alleged that he purchased the instant real estate from Defendant C on June 20, 1992, and completed the registration of ownership transfer in Defendant B’s name after title trust with Defendant B.

The transfer registration of ownership in the name of Defendant B is made through a three-party registered title trust, and is null and void by the relevant law.

Therefore, as to the instant real estate, Defendant B is obligated to implement the procedure for registration of cancellation of ownership transfer registration of this case to Defendant C, and Defendant C is obligated to implement the procedure for registration of ownership transfer on June 20, 1992 to the Plaintiff.

B. The evidence presented by the judgment alone is insufficient to recognize that the Plaintiff purchased the instant real estate from Defendant C on June 20, 1992, or that the Plaintiff trusted the instant real estate to Defendant B. The Plaintiff’s assertion on this premise is without merit.

3. Determination on claim for damages

A. The Plaintiff’s assertion that Defendant B assaulted the Plaintiff several times on June 201 and October 201, 201.

The Plaintiff suffered from serious mental pain due to Defendant B’s act as above, and Defendant B is obligated to pay consolation money of KRW 50,000,000 and delay damages therefrom to the Plaintiff.

B. The evidence presented by the judgment alone is insufficient to recognize that Defendant B committed an assault against the Plaintiff on or around June 201 and around November 2011, and there is no other evidence to acknowledge this otherwise.

Despite the absence of this, the plaintiff is the plaintiff.

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