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(영문) 대구지방법원 2019.12.05 2018가단143476
소유권이전등기
Text

1. The Defendant is on the ground that the title trust was terminated on January 4, 2019 with respect to the land size of 519 square meters prior to Youngcheon-si, Youngcheon-si.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant living together with the several years of teaching and living together, and got married around November 2009, and completed the marriage report on January 15, 2015.

B. The registration of transfer of ownership in the name of the Defendant was completed as of May 13, 1980 with respect to the 519 square meters (hereinafter “instant land”) before Yongcheon-si, Youngcheon-si, on which the registration of transfer of ownership in the name of the Plaintiff was completed as of June 22, 1995, and the registration of transfer of ownership in the name of the Plaintiff was completed as of April 16, 2003 on the grounds of each sale. The registration of transfer of ownership in the name of the Defendant was completed in sequence as of April 18, 2003, as of December 28, 2011, on the grounds of “the sale on January 25, 2011.”

(B) A. [The facts that there was no dispute over the grounds for recognition, the entries in Gap 1, 2, 4, 5, Eul 2, and the purport of the whole pleadings.]

2. Summary of the parties' arguments;

A. The Plaintiff’s transfer registration of this case was completed under the trust title of the Defendant with the ownership of the instant land offered by the Plaintiff to F, G, and D in sequence, and with the remainder of the Plaintiff’s security obligation remaining to D. The Plaintiff’s transfer registration of this case was returned in full.

The effect of a three-party title trust agreement between the Plaintiff, D, and the Defendant, upon closing the marriage report on January 15, 2015, becomes effective. Since the Plaintiff’s delivery of the copy of the complaint of this case and the said title trust agreement terminated, the Defendant is obligated to implement the procedure for the registration of ownership transfer based on the termination of title trust with respect to the land of this case.

Even if the validity of the above title trust agreement is null and void, the defendant is obligated to implement the procedure for the cancellation of the registration of the transfer of this case, which is null and void of cause, so the plaintiff is obligated to obtain against the defendant the implementation of the procedure for the registration of the transfer of ownership based on the cancellation of title trust.

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