(영문) 서울고등법원 2015.01.07 2013나49222

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) 서울고등법원 2015.01.07 2013나49222

부동산소유권이전등기말소 등

Text

1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. The plaintiff is the son of the deceased M on January 1, 2004 (hereinafter "the deceased"), and the defendant is the birth of the deceased and the mother of the plaintiff.

B. When operating a limited partnership companyO and W (O, etc.), the deceased borrowed money from the defendant from around 2002 to won in the lawsuit for ownership transfer registration, and the deceased prepared and delivered on August 20, 2003 a written agreement for debt performance to transfer the ownership transfer to the defendant as a payment in lieu of the V land which is being promoted for the transfer of registration.

C. On January 6, 2004, the heir, including the Plaintiff, completed the registration of ownership transfer on V land in the name of the deceased on January 6, 2004, and on January 29, 2004, the registration of ownership transfer was transferred to the Defendant on January 20, 2004.

On March 16, 2002, the Plaintiff completed the registration of ownership transfer based on the sale on February 25, 2004, as Suwon District Court No. 9284, which received the ownership transfer on the instant housing that was owned by the Deceased on March 16, 2002 from the Deceased.

E. On February 5, 2004, the Plaintiff and the deceased’s inheritors completed the registration of transfer of ownership on the whole land of this case owned by the deceased and the Plaintiff in their respective shares of 1/2, on the grounds of sale on December 29, 2003, No. 5221 and the registration of transfer on the ground of sale.

F. On April 4, 2008, the Defendant sold the instant land to X and Y in KRW 2.8 billion, and transferred the registration of ownership transfer on April 18, 2008.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (including each number, hereinafter the same shall apply), the purport of whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is that the transfer registration of ownership on the instant house and land was made for the purpose of securing the deceased’s obligation to the Defendant, and the Defendant sold the instant land at KRW 2.8 billion and on April 18, 2008.

유사 판례

-수원지방법원평택지원 2013.06.05 2012가합923

-수원지방법원 2017.01.20 2015나44257

-서울중앙지방법원 2017.08.16 2015가합559474

-울산지방법원 2016.07.01 2015가단64000

-수원지방법원 2014.04.10 2013가합2729