logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.04.03 2017가합403217
소유권이전등기
Text

1. The defendant is against the plaintiffs:

A. As to the share of one half of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiffs were children of D who died on August 20, 2016 (hereinafter “the deceased”) and the Defendant was de facto marital relationship with the deceased from around 2005 until the deceased died.

B. Alteration, etc. of rights to borrow as indicated in the attached list 1) Borrowing as indicated in the attached list 1 (hereinafter “instant Borrowing”).

As to the Defendant, the registration of transfer of ownership in the name of the Deceased for a transaction as of April 21, 2010, as of February 18, 2010, the Suwon District Court: (a) the registration of transfer of ownership in the name of the Deceased for a transaction as of February 21, 2010; (b) the provisional registration of transfer of ownership in the name of the Defendant for a pre-sale on July 20, 2015, as of July 23, 2015, as of July 20, 2015; and (c) the registration of transfer of ownership for a transaction as of January 29, 2016, as of January 5, 2016, as of January 29, 2016 (hereinafter “instant transfer of ownership”).

(2) At present, the Defendant is occupying the lending of this case while residing in the lending of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4, 9, and 10, and purport of the whole pleadings

2. Summary of the parties' arguments

A. The registration of the transfer of ownership in the name of the defendant with respect to the loan of this case as to the purport of the plaintiffs' assertion is completed based on a forged real estate sales contract, and thus, it should be cancelled as the ground for invalidation.

Therefore, the Plaintiffs, as the heirs of the deceased, who are the true owners of the instant loan, seek the registration of transfer of ownership and the cancellation thereof against the Defendant on the ground of the restoration of real name.

B. The gist of the Defendant’s assertion was to bear most of the purchase funds necessary for the Plaintiff to purchase the loan of this case.

In addition, the plaintiff paid a considerable amount of money for the deceased as the medical expenses.

Accordingly, the defendant and the deceased set the total amount of KRW 900 million as the borrowed money, and the transfer of ownership in the name of the defendant has been completed to secure this, and the above borrowed money has been completed.

arrow