(영문) 대구지방법원 영덕지원 2017.02.07 2016가단4278 (1)

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(영문) 대구지방법원 영덕지원 2017.02.07 2016가단4278 (1)

소유권말소등기

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1. Defendant B shall have the Ulsan District Court, Ulsan District Court, July 20, 2007, with regard to the real estate listed in the separate sheet No. 1 attached hereto to Defendant C.

Reasons

1. Claim against Defendant B and D

A. Basic facts 1) Defendant C completed the registration of ownership transfer concerning the instant real estate on March 22, 2001.

B) On June 4, 2007, the Plaintiff entered into a contract with Defendant C to purchase the instant real estate at KRW 40 million, and Defendant C paid the down payment of KRW 10 million for the same day, and KRW 30 million for the remainder on June 8, 2007. C) on July 20, 2007, Defendant B completed the registration of transfer of ownership (hereinafter “the registration of transfer of ownership”) on July 20, 2007 by the Ulsan District Court of Daegu on the ground of sale on July 20, 2007 (hereinafter “the registration of transfer of ownership”) under the receipt of No. 8980 on July 20, 2007 (hereinafter “the registration of transfer of ownership”). Defendant D shall receive the registration of transfer of ownership on October 22, 2014 with the Daegu District Court of Law No. 2154, Oct. 16, 2014 (hereinafter “the registration of transfer of ownership”).

(2) The relationship between the parties is the mother of the plaintiff and the defendant D, and the plaintiff and the defendant D are both parties.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 5, 6, 7 (including the serial number), Eul's testimony, and the purport of the whole pleadings

B. The real estate registration of the judgment on the claim against Defendant B is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and the person claiming that the registration was completed by the trust in the name of another person shall be liable to prove the relevant title trust.

(See Supreme Court Decision 2012Da84479 Decided October 29, 2015 (see, e.g., Supreme Court Decision 2012Da84479, Oct. 29, 2015). In general, in a case where only the title holder of real estate has been entrusted to another person, documents proving his/her legal relationship, such as the certificate of registration, are held by the title truster, who is the actual owner. As such,

참조판례

-대법원 2015. 10. 29. 선고 2012다84479 판결

유사 판례

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