logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원영덕지원 2016.11.22 2016가단4315
소유권말소등기
Text

1. The defendant shall have the Ulsan District Court's jurisdiction over the plaintiff with regard to the amount of 400 square meters and 138 square meters in Ulsan-gun, Ulsan-gun, Ulsan-do.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of transfer of ownership as the Ulsan District Court, Ulsan District Court No. 11241, Dec. 10, 2013, with respect to the 400 square meters and D large 138 square meters (hereinafter “each of the instant real estate”).

B. On October 23, 2015, the Defendant completed the registration of transfer of ownership on the ground of sale on the same day (hereinafter “instant registration of transfer”) as the receipt of No. 111104 on October 23, 2015 with respect to each of the instant real property by the Daegu District Court.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 5 evidence (including additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and the person who asserts that he/she had registered by the trust of another person shall be liable to prove the title trust fact.

(see, e.g., Supreme Court Decision 2012Da84479, Oct. 29, 2015). (B)

Based on the above legal principles, we examine whether the Defendant completed the instant transfer registration pursuant to the title trust agreement with the Plaintiff.

In each statement of Gap evidence Nos. 1 through 7 (including each number), the following circumstances, i.e., ① the transfer registration of this case includes the "trade" as the grounds for its registration, and the defendant is unable to submit materials to obtain payment on the process of purchase or the process of payment. ② The defendant alleged that he borrowed money to Eul, the husband of the plaintiff, and the plaintiff's deceased fisheries cooperative loan, and paid the price for each of the real estate of this case. However, there is no evidence to prove that he lent money to Eul, but there is no evidence to prove that he lent money to Eul, and the interest on the collateral security obligations of the deceased and the fisheries cooperative for each of the real estate of this case was paid by the plaintiff until July 2016. ③ The defendant did not pay the acquisition tax at the time of completion of the transfer registration of this case.

arrow