logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.02.16 2015가단52056
소유권보존등기말소 등
Text

1. The plaintiffs' primary and conjunctive claims against the defendant are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On July 18, 1996, the deceased L completed the registration of transfer of ownership on the ground of sale on July 11, 1996 with respect to the land of 200 square meters and 502 square meters (hereinafter “N land”).

B. On November 26, 1994, the Defendant, a child of the deceased L, completed the registration of preservation of ownership (hereinafter referred to as the “registration of preservation of ownership”) on the buildings listed in the attached list on the ground of the instant land (hereinafter referred to as the “instant housing”).

C. Since then, the defendant has been residing in the instant house with the Plaintiff L/C with his father and mother.

The deceased on October 28, 2014, and accordingly, the Plaintiff B, C, E, D, I, J, Defendant and the deceased’s spouse, who is the spouse of the deceased L, and accordingly, the Plaintiff F, Plaintiff G, and H inherited or inherited the deceased L.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Judgment on the main claim

A. The plaintiffs asserted that the deceased L purchased the instant land and newly constructed the instant house at their own expense on the ground, thereby under title trust with the defendant due to loan problems. The title trust agreement between the deceased L and the defendant is null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder's Name, and the registration of ownership preservation in the defendant's name as to the instant building is null and void. As such, the plaintiffs, co-inheritors of the deceased L, seek the cancellation of the registration of ownership preservation against the defendant by the act of preserving the jointly owned property.

The defendant asserts that the instant house was newly constructed at his own expense, not the net L, and that it was owned by the defendant, and that it did not conclude a title trust agreement with the net L.

(b) Any person who is registered as an owner of the determined real estate shall be deemed to have acquired the ownership through legitimate procedures and causes.

arrow