logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.06.07 2015가합103300
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a legal spouse married on April 18, 1974 with the deceased C (hereinafter “the deceased”), and the Defendant is a person who was born between the deceased and the former husband D.

B. On June 25, 2007, the Deceased entered into a sales contract for shares of 83/6,346 out of the real estate listed in the attached Table 2 with AWnbu Co., Ltd., and for the same year.

7.11. Completion of the registration of ownership transfer.

C. On October 10, 2012, the Plaintiff entered into a contract to donate real estate in attached Table 1 to the Deceased, and completed the registration of ownership transfer on October 11 of the same month.

The Deceased died on February 3, 2014.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. The Plaintiff asserted that the title trust relationship between the Plaintiff and the Deceased was transferred to the Defendant, who is his heir, in order to resolve the apprehension that “I would see how I would die first” of the Deceased. Once the deceased died, the title trust relationship between the Plaintiff and the Deceased was transferred to the deceased.

Since the Plaintiff terminated the title trust between the Defendant and the Defendant, the Defendant should implement the registration procedure for ownership transfer based on the termination of title trust with respect to the remaining shares, excluding the portion inherited by the Plaintiff extinguished due to confusion among the real estate listed in the attached

3. (1) Determination is based on Article 830(1) of the Civil Act, the real estate acquired by one spouse in the sole name during the marriage is presumed to be the unique property of the nominal owner. Therefore, in order to reverse such presumption, the other spouse must bear the price for the real estate in question and prove that the other spouse acquired the real estate in question in order to own it actually

In determining whether or not to reverse the presumption of special property, the presumption of special property without conditions shall be reversed solely on the basis that the other spouse is the source of the purchase fund.

arrow