(영문) 춘천지방법원 강릉지원 2018.02.06 2016나51467

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(영문) 춘천지방법원 강릉지원 2018.02.06 2016나51467

소유권지분이전등기 등 청구의 소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff A is the spouse of the deceased G (hereinafter "the deceased"), and the plaintiff B, C, and the defendant are the children of the deceased.

B. On March 29, 2008, the Deceased purchased the real estate listed in paragraph 1 of [Attachment List (hereinafter “instant land”) from E, his wife on March 29, 2008, from KRW 75 million, and completed the registration of ownership transfer under the name of the Defendant on August 8, 2008.

C. The Deceased newly constructed the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) on the land owned by the Deceased, Gangseo-si I, and completed the registration of preservation of ownership in the name of the Defendant on February 26, 191.

The deceased resided in the above building from the construction of the building to the death of the deceased, and after the death of the deceased, the plaintiff A resides in the building.

On the other hand, on April 12, 1990, the deceased donated the above Jdong land to the defendant and completed the registration of ownership transfer under the name of the defendant with respect to the above land. On November 5, 2006, the deceased cancelled the registration of ownership transfer under the name of the defendant with respect to the above land.

【Unsatisfy-based satch-based satisfy-based satch-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satisfy-based satat

2. Determination as to the claim on the instant land

A. According to the Act on the Registration of Real Estate under Actual Titleholder’s Name, in the case of so-called three-party registered title trust, the existing title trust agreement and registration following such agreement are invalidated after the lapse of the grace period stipulated under the same Act, and as a result, the real estate trusted in title is returned to the seller. As such, the seller can seek cancellation of the registration under the name of the seller and the title trustee. Meanwhile, the same Act does not stipulate any provision denying the validity of the sales contract between the seller and the title

참조조문

-부동산 실권리자명의 등기에 관한 법률

유사 판례

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