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(영문) 춘천지방법원원주지원 2019.01.09 2017가단35518
소유권이전등기
Text

1. As to the Plaintiff’s share of 1/2 of each of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. Defendant B married with D on December 23, 1964, but divorced on December 6, 1994.

Then, the plaintiff was married to D on October 1, 1997.

B. On February 3, 1995, Defendant B completed the registration of ownership transfer for the real estate listed in paragraph (1) in the separate sheet owned by Defendant C on January 26, 1995, and completed the registration of ownership transfer for each real estate listed in the separate sheet owned by Defendant C on September 20, 1995 as to each real estate listed in the separate sheet owned by Defendant C on August 31, 1995.

C. D Around May 19, 2016, died, and both E, F, and G filed a declaration of renunciation of inheritance. The Seoul Family Court rendered a judgment to accept all the above declaration.

D The plaintiff, who is the wife, reported the qualified acceptance and was tried by the Seoul Family Court to accept the above report.

[Reasons for Recognition]

(a) Defendant B: The fact that there is no dispute, each entry of evidence Nos. 1, 2, 6, 8, 21, 22, and 23 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings;

B. Defendant C: Article 208(3)2 and Article 150(3) of the Civil Procedure Act (amended by Act No. 208(3)2)

2. Determination as to the claim against the defendant B

A. In the Plaintiff’s primary assertion, the Plaintiff and H purchased each real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”) from Defendant C via Defendant C, with 1/2 shares, and concluded a title trust agreement with Defendant B for convenience, and transferred the registration title of the instant real estate in the name of Defendant B.

However, since the above title trust agreement and the ownership transfer registration under Defendant B’s name with respect to the instant real estate are null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, Defendant B is obligated to implement the procedure for the registration of cancellation

The Plaintiff, as a de facto purchaser of the 1/2 share of the instant real estate, seeks implementation of the registration procedure for cancellation to Defendant B by subrogation of the seller in lieu of the Defendant C.

Preliminaryly, D and H are Defendant.

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