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(영문) 춘천지방법원 영월지원 2018.11.21 2017가단10973
소유권이전등기절차이행 청구
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On January 6, 1961, the Plaintiff and I completed registration of initial ownership relating to each of one-half shares of the instant land owned by J.

B. Around June 9, 1958, the J died and the transcript of the J stated that the Plaintiff died on May 5, 1962. However, the Plaintiff asserted that the J died on June 9, 1958, and the Defendant did not actively dispute the time of the Plaintiff’s death, and the Plaintiff and I asserted on the premise that the J died on or before January 6, 1961, when the registration of preservation of ownership of the instant land was completed, the J died on or before June 9, 1958.

The original copy of the J is indicated by N and the plaintiff, etc., who are the wife of ASEAN (K), M (K and L), and the plaintiff's derivative copy is indicated as the plaintiff's family inheritance due to the death of J.

C. I died of J’s father on August 9, 191, and on the inheritance of I’s property by O, Defendant B, C, and D, a child. On March 2, 2003, theO died and succeeded to the property of O, E, F, G, and H, a child.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 3 evidence (including provisional number), the purport of the whole pleadings

2. Determination on the main claim

A. The key point of the Plaintiff’s assertion was K, both pro-friendly P, Q, I, and both, K were married, but K died earlier than J, and the Plaintiff, the son of K, who was the son of K, solely inherited the property of J as the family head heir after the death of the J.

However, since the Plaintiff’s age at the time is old and the mother L is likely to remarried or dispose of property at will, the registration of preservation of ownership was completed with respect to one-half of each of the instant land and one-half of the instant land, and if the Plaintiff becomes an adult, the Plaintiff agreed to transfer the Plaintiff’s shares to the Plaintiff.

This constitutes a title trust agreement, and the registration of preservation of ownership in I name under such agreement is null and void in accordance with Article 4 of the Act on the Registration of Real Estate Forfeiture's Name.

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