(영문) 춘천지방법원 2014.10.21 2014가단102

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2014.10.21 2014가단102

소유권이전등기등 말소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On December 16, 1994, the registration of ownership transfer was made on November 30, 1994 on the real estate listed in the attached list No. 1 of the F, which was owned by the Plaintiff, and on April 22, 2004, the registration of ownership transfer was made on April 20, 2004 on the part of the Defendant C.

B. On March 28, 1996, the registration of ownership transfer was made on March 10, 1996 with respect to each real estate listed in [Attachment List Nos. 2 through 5 (hereinafter “each real estate of this case”), which was owned by G, and the registration of ownership transfer was made on February 25, 2002, and the registration of ownership transfer was completed on August 5, 2005 on December 16, 2005.

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

2. The assertion and judgment

A. The plaintiff asserts that since the plaintiff had no mental capacity at the time when he completed the provisional registration of the right to claim ownership and the registration of transfer of ownership with respect to each real estate of this case to defendant C and D, the plaintiff should cancel the provisional registration of the right to claim ownership transfer in the name of defendant D and the registration of transfer of ownership in the name of defendant C and D as to each real estate of this case, and the registration of the right to claim ownership transfer in the name of defendant C and D should also be cancelled.

As to this, the Defendants cannot be deemed as a person without will, even though the Plaintiff’s intelligence falls off, and even if the Plaintiff had the capacity to act at the time of completing the provisional registration and the registration of transfer of ownership on each of the instant real estate, each of the instant real estate was the real estate that Defendant C and D held in title trust in the future of the Plaintiff, and thus, Defendant C and D were completed.

유사 판례

-춘천지방법원 2016.04.15 2014나6552

-서울중앙지방법원 2015.05.28 2014가단172903

-서울북부지방법원 2015.07.02 2014가단103456

-부산지방법원동부지원 2015.08.18 2013가단22838

-청주지방법원충주지원 2016.11.16 2016가단3846