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(영문) 서울동부지방법원 2020.12.18 2020가단12708
명의신탁해지에 기한 소유권일부이전등기
Text

1. The Defendant shall terminate the Plaintiff’s deposit with the name on August 18, 2020 with respect to the portion of 1/2 of the real estate stated in the attached list.

Reasons

1. The Plaintiff and the Defendant: (a) concluded an apartment supply contract with C Co., Ltd. on Jun. 23, 200 to the effect that the Plaintiff was married on or around November 12, 2014; (b) the Plaintiff entered into a contract with C Co., Ltd. to sell real estate listed in the separate sheet (hereinafter “instant real estate”); (c) the Plaintiff borrowed the instant real estate sales price from the bank, received loans from the bank, or returned the deposit of the house in which the Plaintiff and the Defendant resided, and paid the said loan, etc. with the deposited money; (d) the Plaintiff and the Defendant, around January 31, 2017, paid the said loan, etc. with the deposited money, etc.; and (e) the Plaintiff and the Defendant acquired the instant real estate through joint efforts of the husband and wife during the marriage; (c) the Plaintiff’s ownership title is registered under title trust with the Defendant; and (d) the Defendant changed the name of the purchaser to the name of the Defendant on March 7, 2017 through the title transfer registration of the ownership.

According to the above facts of recognition, the Plaintiff trusted the title trust of 1/2 of the instant real estate to the Defendant.

Therefore, it is clear that the duplicate of the complaint of this case containing a declaration of intent to terminate the title trust agreement was delivered to the defendant on August 18, 2020, and the defendant is obligated to implement the registration procedure for transfer of ownership on August 18, 2020 with respect to 1/2 shares of the real estate of this case to the plaintiff.

2. The plaintiff's claim is accepted on the ground of its reasoning.

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