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Reasons
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(영문) 인천지방법원 2015.01.23 2014가단11740
소유권이전등기절차이행등
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1. The Defendant (Counterclaim Plaintiff) shall pay the Plaintiff Company B a full amount of KRW 5,962,440 and the full amount with respect thereto from October 8, 2014.

Reasons

1. Determination as to Plaintiff A’s principal claim against the Defendant

A. Plaintiff A’s assertion that around June 25, 2001, Plaintiff A trusted the title of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, and sought implementation of the procedure for ownership transfer registration on the instant real estate based on the restoration of real name.

B. Determination 1) Generally, in a case where a real estate owner’s title is entrusted to another person, documents proving the legal relationship, such as the registration certificate, are held by the title truster, who is the actual owner. Thus, if a title trustee holds such legal relationship documents, it should be deemed as impeding the recognition of the title trust relationship unless there is an explanation to obtain the ownership of the real estate, etc. In addition, since a person who is registered as the owner of the real estate is presumed to have acquired the ownership through legitimate procedures and causes, the fact that the registration is based on the title trust is presumed to have been based on the title trust has the burden of proof for the claimant (see Supreme Court Decision 2007Da9083, Apr. 24, 2008) (see Supreme Court Decision 2007Da9083, Apr. 24, 2008). According to each of the statements in evidence No. 1, 3, and 10, considering that the Defendant had the right to the real estate in this case from Jun. 25, 2001 to the present date, lack of evidence supporting evidence.

3 Therefore, the plaintiff A's principal claim against the defendant is without merit.

2. Determination as to the plaintiff company's claim against the defendant

A. 1) The Defendant, from October 14, 2010 to the date, uses the land of 1,391.7355 square meters in Incheon-gun, Incheon-gun, Incheon-do, Inc. owned by the Plaintiff as a parking lot. 2)

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