(영문) 울산지방법원 2016.12.14 2016가단54772

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(영문) 울산지방법원 2016.12.14 2016가단54772

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 14, 2001, the Plaintiff married with the Defendant.

B. The registration of ownership transfer was completed on October 10, 2002 between the Plaintiff and the Defendant on each of the real estate listed in the separate sheet (hereinafter “instant site and building”).

C. As to the instant building, registration of initial ownership was completed on August 31, 2004 by one-half shares in each of the Plaintiff and the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. As to the Plaintiff’s assertion on the instant site and building, the Plaintiff trusted one-half ownership shares to the Defendant.

This is clear in light of the fact that the Defendant’s ownership transfer registration on the instant site was made within a long time after marriage, and that the Defendant sent to the Plaintiff text messages stating that the instant site and building were nominal trust from the Plaintiff.

The plaintiff terminated the title trust through the service of the complaint in this case, and the defendant is obligated to implement the procedure for the registration of ownership transfer with respect to the defendant's share in the site and building in this case

B. In light of the judgment, the fact that the registration of transfer of ownership in the Defendant’s name on the instant site was made only one year and seven months after marriage was seen earlier, and according to the evidence No. 4, the Defendant sent the Plaintiff the text message “Bado thickness to the name of its house” in the divorce process, but it cannot be concluded that the registration of transfer of ownership in the Defendant’s name has been completed only for a period of one year and seven months after marriage. According to the evidence No. 4, the Defendant sent a text message to the Plaintiff that “The Plaintiff sent the text message to the Plaintiff that “Bado has the name of its house and the child support to the Plaintiff,” and this purport is to demand compensation for transfer of shares.

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