(영문) 의정부지방법원 2015.02.13 2014가합5828

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.02.13 2014가합5828

소유권이전등기절차이행

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1. It is confirmed that the building in the annexed sheet is owned by the plaintiff.

2. The defendant shall be the plaintiff.

A. A building listed in the annex.

Reasons

1. The defendant's basic facts completed the marriage report on February 9, 2001, which is the plaintiff's father and wife C, and the process of divorce is currently underway.

Plaintiff

The registration of the preservation of ownership in the name of the defendant was completed as of March 17, 2005 with respect to the building of this case newly constructed on the land of 455 square meters in Dongdu-si, Dongpocheon-si, D, 455 square meters, and the defendant currently resides on the second floor of the building of this case.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, and 16 certificates (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment as to the main claim

A. The gist of the Plaintiff’s assertion 1) Although the Plaintiff had originally acquired the instant building, the instant building was registered to preserve its ownership in the name of the Defendant pursuant to an agreement with the Defendant, and the Defendant’s family had to reside without compensation on the second floor of the instant building. (2) The Defendant’s building was either newly constructed by receiving a construction fund from the Plaintiff, or was donated by the Defendant for his wife’s death, and thus, the owner of the instant building is the Defendant.

B. The following circumstances are revealed by the evidence and the statements in Gap evidence Nos. 9 and 18 through 20, i.e., (i) the plaintiff entered into a contract for the construction of the building and newly built funds for the plaintiff; (ii) the plaintiff keeps the registration right to the building of the building of the case; (iii) the tax imposed on the building of the case was paid by the plaintiff; (iv) the plaintiff and his son (E) are operated on the first floor of the building of the case; and (v) the land of the building of the case is still owned by the plaintiff's family in the third floor; and (v) the building of the building of the case is still owned by the plaintiff, even if the plaintiff acquired the building of the case at his own discretion, the building of the case is preserved for ownership under the name of the defendant; and (v) the defendant's family members are from the second floor

유사 판례

-대법원 1976. 10. 26. 선고 75다2211 판결

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