(영문) 의정부지방법원 2016.08.26 2015가단24218

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크기(pt)

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줄 간격

자간(%)

(영문) 의정부지방법원 2016.08.26 2015가단24218

건물명도

Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the mother of C, and the Defendant is C’s wife, and C died on January 30, 2015.

C’s successors are the defendant and children D.

B. On June 27, 2002, the registration of ownership preservation was completed in the name of the Korea National Housing Corporation with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On September 14, 2002 between the Plaintiff and E, a sales contract was concluded between the Plaintiff and E to purchase the instant real estate from E in the amount of KRW 179 million, and on October 4, 2002, the registration of ownership transfer was completed in the name of the Plaintiff.

C. The defendant is currently residing in the real estate of this case.

【Ground of recognition】 The fact that there has been no dispute, Gap 3 evidence, Eul 1 through 4, the purport of the whole pleadings and arguments

2. As to the main claim

A. According to the basic facts as to the cause of the claim, the Defendant shall deliver the instant real estate to the Plaintiff, except in extenuating circumstances.

B. As to the Defendant’s assertion, the Plaintiff and C entered into a so-called contract title trust agreement with respect to the instant real estate. In light of the following: (a) the real owner of the instant real estate was C; (b) C raised the purchase fund of the instant real estate; (c) D currently was a minor under the age of 15; and (d) the benefits the Plaintiff gained when the instant real estate is delivered and the damages the Defendant suffered are extremely small and, thus, the Plaintiff’s request for delivery of the instant real estate against the Defendant should not be allowed in light of the principle of good faith; (b) pursuant to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the title truster and the title trustee entered into a contract under the so-called contract title trust agreement with the owner who was unaware of the fact that the title trustee was a party to the contract

참조조문

-부동산 실권리자명의 등기에 관한 법률 제4조 제1항

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