(영문) 춘천지방법원강릉지원 2019.10.15 2018나32576

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원강릉지원 2019.10.15 2018나32576

소유권이전등기

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall provide each real estate listed in the separate sheet to the plaintiff, C, and D.

Reasons

1. The reasons why this court should explain the above part of the facts of recognition are the same as the entry of "1. Facts of recognition" among the reasons of the judgment of the court of first instance, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The following facts revealed in the determination of the cause of the claim: (a) the Plaintiff holds a registration certificate of the right to the instant real estate; (b) the Defendant was the owner of the instant real estate, and the Plaintiff was the owner of the instant real estate, and the overdue interest has been partially reduced out of the deceased’s loan; and (c) the Plaintiff paid to the Plaintiff the Defendant a certain amount of money of KRW 21,90,000 in the auction expenses and the principal and interest of the loan before the registration of ownership transfer was completed; (d) it is difficult to deem that the Plaintiff had an intention to dispose of the instant real estate in fact; (e) there was no money received as the purchase price of the instant real estate between the Plaintiff and the Defendant; (e) there was no money received as the purchase price of the instant real estate between the Plaintiff and the Defendant; and (e) the Defendant’s spouse paid interest on the Defendant’s loan for more than three years; and (e) in light of the description of the evidence No. 10, the Plaintiff’s title trust can be ratified to the fact-finding.

The defendant's assertion that the real estate of this case was purchased from the plaintiff's punishment cannot be accepted.

Therefore, the registration of ownership transfer completed in the future of the defendant with respect to the instant real estate shall be deemed registration of invalidation of cause pursuant to Article 4(1) and the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name. The plaintiff, as co-owner of the instant real estate, shall file a claim against the defendant for the registration of ownership transfer in the future of the plaintiff, on the ground

참조조문

-민사소송법 제420조

유사 판례

-서울행정법원 2020.07.08 2020구단3543

-춘천지방법원 강릉지원 2018.10.16 2017가단36129

-춘천지방법원 2015.11.13 2014나5115

-서울북부지방법원 2019.11.14 2018가합23869

-서울서부지방법원 2014.10.07 2013가합9390