(영문) 춘천지방법원 2017.04.25 2016가단53339

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(영문) 춘천지방법원 2017.04.25 2016가단53339

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased E (hereinafter “the deceased”) and F, around July 2003, concluded an exchange contract with respect to each real estate listed in attached Table 1 (hereinafter “the instant real estate”) and each real estate listed in attached Table 2, F, owned by the deceased (hereinafter “exchangeed real estate”), the value of the instant real estate is KRW 429 million, the value of the exchanged real estate is KRW 734 million, and the registration of ownership transfer for the instant real estate was completed on the grounds of donation, and for the exchanged real estate, the registration of ownership transfer was completed on the grounds of sale.

B. Accordingly, on July 24, 2003, the Deceased and F entered into a sales contract by setting the sales value of the exchanged real estate as KRW 35 million, which is the difference in the value of the exchanged real estate.

C. However, the Deceased and F decided to register the ownership transfer of the instant real estate under the name of the Defendant, who is the child of F (hereinafter “instant agreement”), and on September 8, 2003, the Deceased completed the registration of ownership transfer on the instant real estate to the Defendant on September 4, 2003.

On the other hand, the deceased died on November 19, 2010, and the plaintiff A is the wife of the deceased, the plaintiff B, and C.

[Ground for Recognition: Unsatisfy, entry in Gap evidence Nos. 1 through 5, 8, 13 (including paper numbers), the purport of the whole pleadings]

2. Determination

A. The Plaintiff’s assertion F entrusted the Defendant with the title of the instant real estate under the instant agreement while entering into the exchange agreement with the Deceased. This constitutes a three-party registered title trust and thus the registration under the Defendant’s name is null and void pursuant to the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name. As such, the instant real estate is returned to the Deceased, and the ownership transfer registration under the Defendant’s name with respect to the instant

However, as seen earlier, the Plaintiffs died and succeeded to the deceased’s property.

참조조문

-부동산 실권리자명의 등기에 관한 법률 제4조 제2항

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