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(영문) 대전지방법원 2019.09.05 2018가단214453
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person in a de facto marital relationship with the deceased C (hereinafter “the deceased”) around 2002.

The Deceased died on January 4, 2018.

B. The deceased sold D apartment E in Busan Jung-gu and completed the registration of ownership preservation on December 28, 1998. The deceased purchased the same apartment F on March 14, 200 and completed the registration of ownership transfer on August 4, 200. The deceased purchased Busan Dong-gu G building H on December 12, 2002 and completed the registration of ownership transfer on December 14, 2002.

(hereinafter referred to as “each of the instant real estates” by aggregating all of the said real estates.

On January 4, 2018, the registration of ownership transfer was completed in the name of the defendant on April 11, 2018 due to inheritance by agreement division.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion maintained de facto marital relationship with the Deceased from around 1998 to the time of his death. The Plaintiff concluded a sales contract or a real estate sales contract with respect to each of the instant real estate under the name of the Deceased, and entered into a contract title trust agreement with the Plaintiff to

Since a title trust agreement between the plaintiff and the deceased is null and void, the defendant, as the inheritor of the deceased, is obligated to return KRW 140,500,000 equivalent to half of the purchase fund provided by the plaintiff to the deceased as unjust enrichment.

3. Since it is presumed that a person registered as an owner of the real estate is presumed to have acquired ownership through due process and cause, the fact that the registration was based on the title trust has the burden of proof for the claimant.

(Supreme Court Decision 2007Da90883 Decided April 24, 2008). However, the result of this court’s order to submit tax information on the documents of evidence Nos. 11 through 17, as well as the result of this court’s order.

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