logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.29 2015가합557010
소유권이전등기말소
Text

1. On August 6, 2015, the Defendant is affiliated with each of the real estate listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff was placed in the Republic of South and North Korea D under the slot, and the defendant is the wife of C as the wife of C.

B. The registration of ownership transfer was completed on August 5, 2015 by the Seoul Central District Court No. 213435, which was received on August 6, 2015, with respect to each real estate listed in the separate sheet in the separate sheet (hereinafter “instant real estate”) registered in the name of the Plaintiff, and each of the instant land and buildings was indicated separately, with respect to each of the instant land and building (hereinafter “instant building”).

(hereinafter referred to as “instant transfer registration”). / [Grounds for recognition] 1, 2, and 2-1 and 2-2 of evidence A

2. The parties' assertion

A. Although the Plaintiff did not have donated the instant real estate to the Defendant, the Defendant had a duty to cancel the said registration, since the Defendant forged the donation contract and registered the ownership transfer of the instant real estate.

B. The Defendant’s assertion that the ownership transfer registration of this case is valid in accordance with the substantive relationship as follows.

① The Plaintiff donated the instant real estate to Yong-Nam, and C subsequently completed the registration of ownership transfer of the instant real estate.

② On August 18, 2015, the Plaintiff ratified the instant transfer registration even with knowledge that the instant ownership was registered.

③ A newly constructed the instant building and originally acquired the instant building, and title trust was made to the Plaintiff.

C terminated a title trust agreement with the Plaintiff and completed the registration of ownership transfer in the future of the Defendant.

3. Determination

A. 1) The land of this case was purchased on June 3, 197 and completed the registration of ownership transfer. around 1994, the land of this case was demolished and multi-family housing was constructed, and the above multi-family house was removed in around 2007 and the building of this case was newly constructed. 2) The Plaintiff resided in the Gu housing located in the land of this case, and was residing in Gangseo-si from around 1983, and the apartment located in Gangnam-si, other than the real estate of this case.

arrow