(영문) 대구지방법원김천지원 2016.02.04 2015가단7448

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(영문) 대구지방법원김천지원 2016.02.04 2015가단7448

소유권이전등기

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1. The Defendant is as of October 28, 2015 with respect to each share of 1/13 of the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On October 1948, the Plaintiff clan purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from around October 1948 under the name C that was the representative of the Plaintiff clan and completed the registration of ownership transfer in the name C on October 27, 1971.

However, on December 3, 1974, the real estate stated in paragraph (1) of the attached list shall be registered for transfer of ownership in the name of C as the heir of Australia.

Plaintiff

A clan completed the registration of ownership transfer on March 9, 1987 in the name of 1/13 each of 1/13 shares in the name of C and the defendant other than the defendant.

In around 2014, the Korea Water Resources Corporation acquired the instant real estate as a public site and the remaining co-owners of the instant real estate except the Defendant completed the registration of ownership transfer in the name of the Korea Water Resources Corporation.

The defendant is a clan member of the plaintiff clan, and the defendant also recognizes that the defendant's share among the real estate of this case is owned by the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

B. According to the above facts of recognition, it is reasonable to view that the real estate of this case was owned by the plaintiff in title trust in the defendant's future with respect to its 1/13 share.

Therefore, since the plaintiff clan expressed his/her intent to terminate the above title trust through the lawsuit of this case to the defendant, the defendant is obligated to implement the registration procedure for transfer of ownership based on the termination of the title trust on October 28, 2015, when the copy of the complaint of this case was delivered to the defendant with respect to the portion of 1/13 of the real estate of this case to the plaintiff clan.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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