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(영문) 서울서부지방법원 2017.04.07 2016가단218983
소유권이전등기
Text

1. Defendant D is based on the restoration of the true name with respect to the real estate listed in the attached list to Defendant E.

Reasons

1. Basic facts

A. The plaintiff A completed the marriage report with H on November 12, 1999 and gave birth to the plaintiff B and C, and the defendant D has H, defendant F, G, and non-party I under the slve with the mother of H.

B. H served as a driver of Mapo-gu Seoul Metropolitan Government Office, and Defendant D did not have any particular occupation.

C. On January 8, 2008, H purchased from Defendant E the instant JBC No. 301 (hereinafter “instant housing”) from Defendant E for KRW 70 million. However, the title holder completed the registration of ownership transfer under Defendant D, the mother of this court’s registration and its title on February 27, 2008.

H From around February 2007, the relationship between the plaintiff A and his husband was far far away from the other reasons, and the plaintiff died from the accident at night on February 2016.

E. The deceased H has paid the property tax before it died of the purchase of the instant loan, and the rest of the Plaintiffs, who are Plaintiff A and their children, have continued to reside.

[Reasons for Appellant] Evidence Nos. 1 through 7, evidence No. 13, witness K's testimony, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the instant house is recognized as having been purchased by the network H by paying the purchase price to Defendant E, but it is recognized as having caused the title trust to Defendant D due to family influence with the Plaintiff. As such, Defendant D is obligated to implement the procedures for the registration of ownership transfer for the restoration of the real name with respect to the instant house, and Defendant E is obliged to perform the procedures for the registration of ownership transfer for 3/7 shares of the instant real estate, 2/7 shares to Plaintiff B, and 3/7 shares of the instant real estate according to the deceased H’s share of inheritance due to the deceased H’s death.

(b) Against Defendant E: Judgment by constructive confession

3. It is so decided as per Disposition without examining the remainder of the plaintiff's conjunctive claim for more than one reason.

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