logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.09.23 2015가단102244
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 and the defendant are South Korea.

B. The registration of ownership transfer in the name of the Defendant was completed on March 25, 1970 with respect to the land of 975 square meters (hereinafter “the instant land”) in Plsung-si C (hereinafter “the instant land”) on March 18, 1970.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 3 and 4

2. The Plaintiff’s father, who was the Plaintiff’s father, completed the registration of ownership transfer of the instant land from Nonparty E on March 18, 1970, but the Defendant, at any time, had the Plaintiff completed the registration of ownership transfer to the Defendant, who was a major child, but the Defendant had the Plaintiff transferred the instant land to the Plaintiff. As such, the title trust agreement was null and void pursuant to the Real Estate Real Name Act, and thus, the Defendant is obligated to implement the registration procedure for ownership transfer of the instant land

3. The Plaintiff held the title trust of the instant land to the Defendant solely by the descriptions of the evidence Nos. 6 through 13 (including the paper numbers) and the testimony of witness F

It is insufficient to recognize the fact that the Defendant had at any time transferred the registration title of the instant land to the Plaintiff, and there is no other evidence to acknowledge it.

In addition, if the title trustee acquired the title of ownership of real estate in accordance with the title trust agreement before the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), the title truster was able to terminate the title trust agreement at any time before the grace period under Article 11 of the said Act expires after the enforcement of the said Act, and the said grace period has expired without taking any measures such as real nameation, and thus the title truster becomes null and void under Articles 12(1) and 4 of the said Act, and the title trustee shall acquire the full ownership of the relevant real estate. Articles 3 and 4 of the said Act shall be the title truster

arrow