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(영문) 울산지방법원 2018.09.06 2017가단68679
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The facts following the facts are acknowledged as either a dispute between the parties or in full view of the evidence Nos. 1 and 2, and the purport of the presumption of pleading.

A. The deceased died on October 1, 2005 (hereinafter “the deceased”). At the time of the deceased’s death, the Plaintiff was the deceased’s wife, and the Defendant was the husband of F, a female of the deceased.

B. On April 1, 2003, the Deceased acquired 661,160 shares of 6,638,000 square meters among 82,975 square meters of D Forest in Ulsan-gu, Ulsan-do (hereinafter “instant real estate”).

C. On April 4, 2003, the Deceased completed the registration of the right to claim ownership transfer of the instant real estate on the ground of the promise to sell and purchase the same date.

On October 21, 2005, the defendant completed the registration of transfer of ownership based on the above provisional registration on October 21, 2005, when the deceased died.

(hereinafter “instant transfer registration”). E.

On October 27, 2014, the Defendant completed the registration of ownership transfer on October 26, 2014 with respect to 1/2 shares of the instant real estate to H.

2. The parties' assertion

A. The Plaintiff’s assertion that the real estate of this case was originally acquired from G and donated to the Plaintiff by the deceased, and belongs to the Plaintiff’s ownership.

The transfer registration of ownership of this case is null and void when it was completed according to the title trust agreement between the deceased and the defendant.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer for the remainder 1/2 of the real estate in this case, excluding the portion disposed of to H, on the ground of the recovery of real name. The Defendant is obligated to pay the Plaintiff KRW 6,00,000, which is part of the amount equivalent to the 1/2 share out of the real estate in this case disposed of to H, as compensation for damages

B. The Defendant’s assertion deceased borrowed KRW 13,00,000 from I, the Defendant’s mother, around 1996, and the remainder KRW 6,00,000 shall be repaid on June 9, 1997.

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