(영문) 광주지방법원 2014.04.08 2013가단52214

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(영문) 광주지방법원 2014.04.08 2013가단52214

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 20, 201, the Plaintiff completed the registration of ownership transfer for the instant real estate on May 6, 2011 to the deceased E (hereinafter “the deceased”).

B. On June 28, 2013, the Deceased died, and the Defendants, as the inheritors of the Deceased, have completed the registration of ownership transfer on August 27, 2013 as to one-half portion of each of the instant real estate due to inheritance by consultation and division on June 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion made a title trust of the instant real estate to the Deceased who was in de facto marital relationship with F to avoid compulsory execution. Since the title trust agreement and the ownership transfer registration pursuant thereto are null and void, the Defendants are obliged to implement the procedure for the registration of ownership transfer stated in the purport of the claim

B. The Plaintiff had the burden of proving the existence of a title trust agreement with the deceased on the title trust agreement, and there is no dispute between the parties, or the Plaintiff owned the instant real estate by inheritance from his father in full view of the overall purport of the pleadings in Gap evidence Nos. 1, 3, and 6 (including several numbers), and the deceased’s father’s seedlings, etc. were installed on the instant real estate. The deceased was living together with the Plaintiff, and the Credit Guarantee Fund, after the deceased’s transfer of ownership to the instant real estate, filed a lawsuit against the Plaintiff for reimbursement against the Plaintiff, respectively.

However, considering the facts stated in Gap evidence Nos. 7, 10, and 1, the sales contract (Evidence No. 10-1) with respect to the real estate of this case is "4,00,000 won", and the special agreement provides that the remaining amount of the sale of the real estate of this case shall be "4,00,000 won," and that "the third class of the grave in this case shall be included until April 30, 2012.

유사 판례

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