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(영문) 부산지방법원 2017.06.08 2016가단348276
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) shall restore the real name of the Plaintiff (Counterclaim Defendant) with respect to the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership transfer was completed on December 15, 2005 under C’s name on the ground of donation, September 5, 2006 under D’s name on the ground of inheritance on September 5, 2006, the registration of ownership transfer on October 11, 2006, and the registration of ownership transfer on October 11, 2006 under the Defendant’s name on the ground of donation on October 11, 2006.

B. On October 26, 2011, the provisional registration of the Plaintiff’s right to claim ownership transfer (No. 31837, Oct. 26, 201; hereinafter “the provisional registration of this case”) was completed on the instant real estate on October 26, 201.

[Reasons for Recognition] Gap evidence No. 1-2

2. Determination on the main claim

A. 1) The Plaintiff’s assertion 1) title trust the instant real estate to C in order to avoid heavy taxation on two houses per household, and thereafter, the instant real estate was inherited to D and again transferred to D, thereby completing the registration of ownership transfer under the name of the Defendant to the Defendant, who is the birth of the Plaintiff. The Plaintiff seek against the Defendant, who is the title trustee, to implement the registration procedure for ownership transfer based on the right to claim the exclusion of disturbance based on the ownership transfer under the name of the Defendant. 2) The Defendant’s assertion that the instant real estate was asserted by the Plaintiff and the Defendant’s father, agreed that the heir, who is the Plaintiff and the Defendant’s father, would have been a title trustee, voluntarily transferred the ownership transfer to C, and the Plaintiff, who was a title trustee, voluntarily transferred the ownership transfer to C after C’s death, was a mother, and the Defendant was donated to the Defendant. Even if the ownership transfer registration based on donation under the name of C constitutes a title trust, the Defendant is the real right holder of the instant real estate.

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