logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.09.09 2015가단54942
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

On January 31, 200, the Plaintiff purchased real estate listed in the [Attachment List (hereinafter “the apartment of this case”) and resided in the apartment of this case from March 2002 with the network D (hereinafter “the deceased”) in de facto marital relation. Upon the commencement of voluntary auction on the basis of the right to collateral security established on the apartment of this case, the Plaintiff received a successful bid in the name of the deceased in order to protect the place of residence. The Plaintiff borrowed KRW 30 million from Lan E, and paid the price by borrowing KRW 65 million from Korea Life Insurance Co., Ltd.

Therefore, the Plaintiff-owner or the deceased actually held title trust, and by serving a duplicate of the complaint in this case, the above title trust is terminated against the Defendants, the inheritor of the deceased. The Defendants, the inheritor of the deceased, on the grounds of the cancellation of title trust, are liable to implement the procedure for the registration of ownership transfer as to the apartment in this case to the Plaintiff.

Preliminaryly, the registration under the name of the deceased is null and void by a title trust agreement null and void by the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”). As such, the ownership transfer registration under the name of the deceased should be cancelled. Since the apartment of this case was owned by the Plaintiff, the first apartment of this case was owned by the Plaintiff, the Defendants are liable to implement the

Judgment

First, as to whether a title trust agreement had existed between the Plaintiff and the Deceased, the Plaintiff purchased the instant apartment on January 31, 200, according to the health team, Gap’s 1 through 18, 23, 28, and 30, respectively, and the Plaintiff paid a loan of approximately KRW 50 million from around November 2005 to around December 29, 2005.

arrow