(영문) 울산지방법원 2020.02.06 2018나25519

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줄 간격

자간(%)

(영문) 울산지방법원 2020.02.06 2018나25519

소유권이전등기

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff was the wife of the deceased E (hereinafter “the deceased”). The Defendant is the husband of F, a woman of the deceased.

B. The instant land was originally owned by the deceased.

C. As to the instant land, the provisional registration of the right to claim the transfer of ownership under the Defendant’s name was completed on April 4, 2003, and on October 21, 2005, the registration of transfer of ownership under the Defendant’s name was completed on October 21, 2005.

On the other hand, the deceased died on October 1, 2005, and the deceased's heir is the plaintiff, F (the defendant's wife), and H.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion as to the cause of the claim was received as a gift from the deceased, and acquired the ownership of the instant real estate (main assertion), and even if not, he acquired the ownership by inheritance of 1/3 of the instant real estate from the deceased.

(Preliminary Claim). However, since the registration of transfer of ownership in the name of the defendant with respect to the instant real estate is null and void according to the title trust agreement, the defendant is obligated to implement the registration procedure for transfer of ownership due to the restoration of real name.

3. Determination

A. A claim for the registration of ownership transfer for the restoration of the true title of registration in determination of the primary assertion is permissible in lieu of seeking the cancellation of the registration against the current title holder in a manner that is already registered to indicate ownership in his/her future, or that a person who acquired ownership pursuant to the provisions of law seeks the cancellation of the registration in a manner that restores the true title of registration, and its legal nature is the right to claim the removal of interference based on ownership. Thus, in order to exercise the right to claim the registration of ownership transfer for the restoration of the true title of registration, the party

Supreme Court Decision 200

유사 판례

-울산지방법원 2020.02.06 2018나25519

-대구지방법원김천지원 2014.07.17 2013가단11139

-대법원 2016.03.24 2015다248939

-수원지방법원성남지원 2016.07.14 2015가단37084

-대법원 1997. 3. 11. 선고 96다47142 판결