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(영문) 수원지방법원안산지원 2014.07.03 2014가합502
소유권이전등기
Text

1. The Defendant shall pay to the Plaintiff KRW 113,489,313 and a rate of KRW 20% per annum from January 16, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. C and the Defendant have liveded from around 1998 to March 2013 and maintained a de facto marital relationship.

B. On April 1, 2005, the registration of ownership transfer was completed in the name of the defendant with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. As to the vessels listed in the separate sheet (hereinafter “instant vessel”), the registration of ownership transfer in the name C was completed on April 25, 2003, and on January 22, 2010, the registration of ownership transfer in the name of D, the Defendant’s father, was completed, and on October 11, 2010, the registration of ownership transfer in the Defendant’s name was completed.

Around March 14, 2012, the Defendant sold the instant vessel to KRW 353,00,000, and completed the registration of ownership transfer with respect to the instant vessel in the name of the said company on March 21, 2012.

E. C died on March 16, 2013, and his legal heir is wife E, children, Plaintiff F, G, H, I, and J.

Of them, wife E, children F, H, I, and J were tried to waive inheritance on July 18, 2013 by the Incheon District Court 2013Ra1615 on July 18, 2013, and G was tried to grant qualified acceptance by the Incheon District Court 2013Ra279 on September 12, 2013.

[Ground of recognition] A without dispute, Gap evidence 1 and 2, Gap evidence 3-1 and 2-2, the fact-finding results of this court's fact-finding with respect to the development corporation among large trees, the fact-finding with this court, the purport of the whole pleadings

2. Request for registration of ownership transfer following the termination of a title trust agreement on the instant real estate;

A. The Plaintiff’s assertion 1 of the parties C held title trust of one-half of the instant real estate to the Defendant.

The Plaintiff, who succeeded to 1/2 of the property C, shall terminate the title trust agreement on the instant real estate by delivering a duplicate of the complaint of this case, and shall seek against the Defendant the implementation of the procedures for the registration of ownership transfer with respect to 1/4 of the instant real estate.

Even if a title trust agreement is not recognized, C and the defendant sold the apartment of this case on November 28, 2012, if they sell the apartment of this case, the purchase price thereof on January 1.

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