(영문) 수원지방법원평택지원 2020.11.10 2020가단52984

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(영문) 수원지방법원평택지원 2020.11.10 2020가단52984

소유권이전등기

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The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 10, 2010, the Plaintiff married with the deceased D (hereinafter “the deceased”), and the Defendants are the relatives of the deceased.

B. On May 11, 2015, the Deceased completed the registration of ownership transfer on March 30, 2015 with respect to the real estate listed in paragraph (1) of the Attached List No. 1, and completed the registration of ownership transfer on March 30, 2015. On February 2, 2016, the Deceased completed the registration of ownership preservation on the real estate listed

C. On October 12, 2018, the Deceased died, and on June 19, 2019, on the real estate listed in the separate sheet, the registration of ownership transfer was completed on October 12, 2018 with respect to 3/7 shares in the Plaintiff’s future and 2/7 shares in the Defendants’ future.

E completes the registration of ownership transfer on April 22, 2020 due to the sale of each real estate listed in the separate sheet due to voluntary auction on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including a tentative number), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the assertion was that the Plaintiff trusted the real estate listed in the separate sheet to the deceased, and thus, the Plaintiff terminated the title trust to the Defendants, the inheritor of the deceased, through the service of a duplicate of the instant complaint, and seek the implementation of the procedures for the registration of ownership transfer as to each of the two-seven shares of the Defendants

B. In light of the judgment, even if the Plaintiff held the title trust of each real estate listed in the separate sheet to the deceased, as acknowledged earlier, as long as E completed the registration of ownership transfer on April 22, 2020 due to voluntary auction on the same day and lawfully acquired the ownership of each real estate, the Defendants’ obligation to implement the procedure for the registration of ownership transfer against the Plaintiff was impossible unless there are special circumstances.

Therefore, the Plaintiff’s assertion against the Defendants is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

유사 판례

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