logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.12.19 2014가합473
소유권이전등기말소등기 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. (1) Defendant B, as the Plaintiff’s primary claim for the cancellation registration of ownership transfer, concluded a title trust agreement with the Plaintiff as to the real estate indicated in the attached list of real estate owned by the Plaintiff (hereinafter “the apartment of this case”) during the period of most years since Defendant B’s husband and the Plaintiff’s son D, died on April 20, 1996, and the Plaintiff died together with the Plaintiff, and completed the registration of ownership transfer pursuant to the above title trust agreement. The Plaintiff terminated the above title trust agreement with the delivery of a duplicate of the complaint of this case. Thus, Defendant B is obligated to implement the procedure for the cancellation registration of ownership transfer registration for the apartment of this case to the Plaintiff.

(B) Preliminary Claim 1) Since the registration of transfer of ownership in Defendant B’s name on the instant apartment is null and void as it is based on a title trust agreement between the Plaintiff and Defendant B, the Plaintiff, the owner of the instant apartment, sought the implementation of the procedure for registration of cancellation of ownership transfer registration by demanding the removal of interference based on ownership (the Plaintiff asserted the same purport that does not coincide with the primary purport of the claim in the complaint, but added the Plaintiff’s preliminary claim to the purport of the claim in line with the aforementioned method of attack through the Plaintiff’s application for modification of the purport of the claim and the cause of the claim on October 30, 2014, and the aforementioned argument is related

(2) Defendant B’s donation of the apartment of this case by either referring to either salutism or intimidation, etc., to the Plaintiff with dementia symptoms, and the Plaintiff was unable to act at the time, and the Plaintiff’s declaration of intent regarding the above donation can be revoked. At the latest, Defendant B revoked the said declaration of intent by serving the Plaintiff’s application for change of the ground for additional preliminary claim on November 26, 2014, and thus, Defendant B revoked the said declaration of intent by serving it on the Plaintiff.

arrow