(영문) 대구지방법원 2019.08.22 2018가단12527

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(영문) 대구지방법원 2019.08.22 2018가단12527

소유권이전등기

Text

1. The plaintiff's main claim against the defendants is dismissed.

2. The Defendants each amounting to KRW 17 million to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B completed the marriage report with the network D on May 30, 2008 (hereinafter “the deceased”).

B. As of March 26, 2015, the judgment cited the deceased’s claim for judicial divorce between Defendant B and the deceased became final and conclusive.

The deceased died on May 11, 2018 while his heir had Defendant C, who is his father.

C. The apartment in the separate sheet (hereinafter “the apartment in this case”) was originally owned by E. The Plaintiff purchased the purchase price of KRW 33,00,000,000 and the registration cost of KRW 1,100,000,00, and the Defendant B and the deceased, who is the birth, entrusted their ownership to the Defendant B and the deceased as of April 14, 2008 on the ground of the “sale on March 27, 2008” as of March 27, 2008, respectively, the registration of the transfer of the ownership between the Defendant B and the deceased’s co-ownership and the deceased’s co-ownership; hereinafter “the transfer in this case”).

) A. [Reasons for Recognition] A.I.D. Facts without dispute, Gap's evidence (each number is included in each number, and the purport of the whole pleadings.

2. The Plaintiff asserts that the actual owner who purchased the instant apartment from E is the Plaintiff himself, and that the instant transfer registration under the name of Defendant B and the Deceased is null and void as it was based on the title trust agreement, and accordingly, sought implementation of the procedure for ownership transfer registration based on the restoration of the real name against Defendant B and the deceased’s heir, Defendant C.

The right to claim for ownership transfer registration based on the restoration of real name is to restore the name of the true owner, and even according to the plaintiff's assertion, the plaintiff purchased the apartment of this case from E, and it is not possible to acquire the ownership of the apartment of this case since it did not complete the registration of ownership transfer under its name. Therefore, the plaintiff's claim for this part

3. According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the title truster and the title trustee are so-called.

참조조문

-부동산 실권리자명의 등기에 관한 법률 제4조 제1항

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