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(영문) 대구지방법원 2018.04.18 2017나6182
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 12, 1998, the Defendant’s mother, acquired the ownership of the 106-dong 1803 (hereinafter “E apartment”) of Daegu-gu E apartment on 106-dong 1803 (hereinafter “E apartment”), and sold it to F and G on February 15, 2012, and completed the registration of ownership transfer on the 21st of the same month.

B. On February 10, 2012, the registration for the transfer of ownership in the name of the defendant was completed on December 24, 2011 with respect to D Apartment Nos. 105 and 1505 (hereinafter “instant apartment”) in Daegu-gu, Seogu (hereinafter “instant apartment”).

C. On December 16, 2015, in the Daegu High Court Decision 2014Na4249 between the Plaintiff and C, the judgment of “C shall pay to the Plaintiff 150,000,000 won and interest calculated at the rate of 1% per month from January 10, 2004 to December 30, 2004, and 2% per month from the next day to the date of full payment,” and the above judgment became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. From January 1, 2004, the year when the Defendant asserted that he had been 20 years of age, until February 10, 2012, the apartment of this case acquired the apartment of this case on a monthly basis, the Defendant did not have to pay the minimum cost of living, and the Defendant could not use it as the cost of living.

The defendant did not know at all about the apartment of this case, and it did not have the ability to purchase it, and the materials showing that the defendant used the money as the purchase fund of this case and that there was the source and financial resources of the money that he used as the purchase fund of the above apartment are all money of C, or C operated by using the financial account of the defendant.

Ultimately, as C purchased the instant apartment with the money created by disposing of the apartment, and registered the title to the Defendant, the Plaintiff terminated the title trust agreement between C and the Defendant on the instant apartment in subrogation of C, and the Defendant is obliged to implement the ownership transfer registration procedure based on the cancellation of title trust with respect to the said apartment.

(b) judgment;

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