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(영문) 인천지방법원부천지원 2016.08.17 2015가단26827
소유권말소등기
Text

1. The Defendant is the Ulsan District Court No. 104928, May 20, 2015 regarding the real estate stated in the attached list to C.

Reasons

1. Facts of recognition;

A. The Plaintiff (D) and C (E) married on June 17, 1969 and divorced on April 23, 2015.

The defendant is a parent of the plaintiff born between the plaintiff and C.

B. On August 8, 2006, the registration of ownership transfer was completed in the name of C on the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. The Plaintiff brought a judicial divorce with C, and the appellate court of a divorce and a lawsuit claiming division of property filed against C (Seoul District Court Decision 2014Reu534) rendered a judgment on November 14, 2014 that “C shall implement the procedure for ownership transfer registration based on division of property with respect to the instant real estate,” and the judgment became final and conclusive on April 23, 2015. D. However, on May 20, 2015, following the final and conclusive judgment, C transferred the registration of ownership transfer on the instant real estate to the Defendant on April 18, 2015. The instant real estate was originally owned by the Plaintiff’s first relative, but after the Plaintiff’s death, the Plaintiff’s DongF completed the registration of ownership transfer registration based on the agreement division on April 1, 1996 (i.e., the purport that the Plaintiff’s DongF would complete the registration of ownership transfer due to the inheritance agreement on April 1, 1996 (i.e., the inheritance net 206., May 26, 208).

2. Determination

A. In addition to the above details on the change of ownership of the instant real estate, the process of the relevant divorce lawsuit, the timing for the Defendant’s transfer of ownership, etc., there is no evidence to prove that the Defendant actually concluded a sales contract with C around April 18, 2015 and paid the purchase price. ② The Defendant provided C with funds, thereby allowing C to purchase the instant real estate, and trusted C with the name of C, but the Defendant was reinstated on May 20, 2015.

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