(영문) 창원지방법원진주지원 2015.04.01 2014가단33037

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(영문) 창원지방법원진주지원 2015.04.01 2014가단33037

소유권이전등기말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D, the original owner of the instant apartment, died on February 11, 2008, and on March 2, 2009, the registration of ownership transfer was completed due to the inheritance due to a consultation division in the name of C on March 2, 2009, and on the same day, the registration of ownership transfer was completed due to the sale under the name of the Defendant.

B. The plaintiff and the defendant were living together since July 2008, and they are not living together at present.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion D expressed his intention to donate the instant apartment before birth to the Plaintiff, the Plaintiff demanded that the heir, such as C, transfer the ownership of the instant apartment, and completed the registration of ownership transfer under the name of the Defendant according to the title trust agreement between C, the Plaintiff, and Defendant 3, since there was a problem with the Plaintiff’s credit.

Therefore, the registration of ownership transfer in the name of the defendant is based on an invalid agreement under Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and thus, is null and void. Therefore, the plaintiff seeks implementation of the procedure for registration of ownership transfer cancellation by subrogation of C for preserving C’s right to claim ownership transfer registration

B. At the time of the Defendant’s assertion, the market price of the instant apartment was KRW 27 million, but the Plaintiff had a duty to pay the Defendant the wage calculated in E, and thus, the Defendant agreed to pay the Plaintiff the amount of KRW 17 million, and purchase the instant apartment from the Plaintiff, and to accept the obligation to return the lease deposit for the instant apartment, and to exempt the Plaintiff from the Plaintiff’s obligation to pay wages.

The Plaintiff acquired the real ownership of the instant apartment in accordance with the agreement above.

3. The Plaintiff’s judgment on the assertion is based on the registration under the name of the Defendant with respect to the instant apartment.

참조조문

-부동산 실권리자명의 등기에 관한 법률 제4조

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