(영문) 서울고등법원 2015.03.06 2014나2019408

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(영문) 서울고등법원 2015.03.06 2014나2019408

소유권이전등기

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation of this case is the same as the entry of the first instance court's decision, except for the second instance court's decision as stated in the following 2. Thus, the court's explanation of this case is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Re-written judgments of the first instance court shall consist of the following two parallels 4 to 4 on the 3rd day of the first instance judgment:

B has borne a considerable portion of the purchase fund of the instant real estate, and at least 1/2 shares of the instant real estate were owned by B, and the Defendant, the wife, entered into a title trust agreement with the Defendant, and completed the registration of ownership transfer for the entire instant real estate in the future.

The Plaintiff, as a creditor holding a claim for the price of goods against B, terminates a title trust agreement with respect to shares of 1/2 out of the real estate of this case by serving a duplicate of the complaint of this case on the Defendant in subrogation of B.

Therefore, the defendant is obligated to implement B with respect to the share of 1/2 of the instant real estate on the ground of termination of title trust.

The fourth six types of "real estate" of the judgment of the court of first instance shall be re-written with "one-half shares of real estate".

The fifth 1st sentence of the judgment of the first instance court stated that “the instant real estate” was “1/2 shares of the instant real estate,” and the fifth 6th sentence of the fifth 6th 6th 1st 2th 6th 3th 6th 3th 6th 6th 3th 6th 6th 6th “B had the intention to own part of the instant real estate even if B had either borne a considerable portion of the purchase fund of the instant real estate or shared part of the purchase fund.”

The 7th written judgment of the first instance court "movable" shall be "at least 1/2 shares out of movable property", and the 7th written judgment of the first instance shall be "the purchase fund" shall be "the considerable part out of the purchase fund".

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

참조조문

-민사소송법 제420조

유사 판례

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