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(영문) 부산지방법원 2019.07.25 2018나53443
가등기말소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a female student of D, and the defendant is a child of D.

B. As to the real estate listed in the attached list (hereinafter “the apartment of this case”), the Plaintiff received on May 15, 2006 from the Yongsan District Court of Seodaemun-gu, Seoul District Court No. 18886, the same year.

3. The registration of ownership transfer based on sale on July 9, 2012 was completed, and on July 9, 2012, the provisional registration of ownership transfer security (hereinafter “provisional registration of this case”) was completed on July 2, 2012 by No. 21652 of the receipt of the same registry office as the receipt of the same registry on July 2, 2012.

C. D died on November 10, 2015

(hereinafter referred to as “D”) D.

On April 26, 2017, the Defendant completed the registration of transfer of the provisional registration of this case on the ground of inheritance by consultation and division on November 10, 2015 in the future of the Defendant regarding the apartment of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. On March 21, 2006, the Plaintiff purchased the instant apartment on March 21, 2006 for the children attending the Plaintiff’s university, and even if the husband wishes to seek money by expanding the business that he had been running from the end of 2011, it was found that there was no way to prevent this in advance because the obligee’s attachment of the instant apartment and intimidation the Plaintiff to pay the money to the Plaintiff.

As a result, the plaintiff thought that it would be better to make provisional registration on the apartment of this case in the future of the trusted person, and the provisional registration of this case is completed in the future of the deceased upon the request of the deceased, who is a kind of friendship, who may believe.

However, on November 10, 2015, the deceased did not cancel the provisional registration of this case on the wind that he died on November 10, 2015.

B. Defendant 1 primaryly, the apartment of this case is the real estate owned by the deceased who purchased money once through his business, and only is it in title trust to the plaintiff.

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