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(영문) 서울중앙지방법원 2019.05.29 2017가단5233620
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on June 21, 2007, and the heir was the Plaintiff, Defendant C, and E, and F, the spouse of the deceased.

B. The registration of ownership transfer was completed on June 1, 1998 in the name of Defendant B with respect to each real estate listed in the separate sheet Nos. 1 and 2, and the registration of ownership transfer was completed on July 20, 197 with respect to each real estate listed in the separate sheet Nos. 3 and 4, and the registration of ownership transfer was completed on July 12, 197 under the name of Defendant C on July 20, 197.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion 1) On June 1, 1998, the Deceased purchased each real estate listed in paragraphs 1 and 2 of the annexed Table No. 1998, and the title trust between the spouse and the Defendant B was effective in relation to the Plaintiff, which is the inheritor. However, as the Plaintiff succeeded to the status of the title truster upon the death of the deceased, the Plaintiff terminated the said title trust through the delivery of a copy of the complaint in this case, and sought the implementation of the ownership transfer registration procedure for the reason of termination of the Plaintiff’s inheritance shares. 2) The Deceased purchased each real estate listed in paragraphs 3 and 4 of the annexed Table No. 3 of the annexed Table No. 1977, and the title trust was made to Defendant C, a child, without completing the real name registration within the grace period stipulated in the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the said title trust agreement

Therefore, the Plaintiff seeks the implementation of the registration procedure for transfer of ownership based on the return of unjust enrichment on the Plaintiff’s share in inheritance among the above real estate to Defendant C.

B. In general, in the event that a real estate owner’s title is entrusted to another person, documents proving the same legal relationship as the registration right certificate are held by the title truster, the actual owner.

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