(영문) 부산지방법원 2014.05.22 2013가합47326

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.05.22 2013가합47326

부당이득금

Text

1. The defendant on October 31, 1973 to C with respect to the real estate stated in paragraph (1) of the attached list in the Busan District Court.

Reasons

1. Basic facts

A. The Plaintiff is the father of the deceased D (hereinafter “the deceased”), and the Defendant is the wife of the deceased.

B. The Plaintiff owned approximately 120 square meters in Seo-gu, Busan, which was adjacent to the real estate listed in attached Table No. 1 (hereinafter “instant land”) as indicated in attached Table No. 1 (hereinafter “instant land”) by the State around 1968.

C. Meanwhile, on October 31, 1973, as to the instant land owned by C, the registration of ownership transfer was made under the name of the Deceased on October 29, 1973, and thereafter, the real estate listed in the attached Table No. 2 (hereinafter “instant building”) was newly constructed over the instant land and the instant land, and the registration of ownership preservation was completed in the name of the Deceased on July 14, 2003.

The Deceased died on August 13, 2013, and the Defendant solely inherited the deceased’s property.

[Evidence Evidence: Facts without dispute, entry in Gap evidence 1 through 5 (including branch numbers in the case of additional number), the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff purchased the instant land from C, and the Plaintiff decided to title trust the instant land to the deceased, and requested C to promptly transfer the instant land in the name of the deceased, and the registration of transfer of ownership in the name of the deceased was completed. Therefore, as the registration of transfer of ownership in the name of the deceased was completed through a three-party title trust between the deceased, and thus is null and void pursuant to the Act on the Registration of Transfer of Ownership in the Name of Real Estate under Actual Titleholder, C has the right to seek implementation of the procedure for the registration of cancellation of the above transfer of ownership. Since C bears the Plaintiff’s obligation for the registration of transfer of ownership in the name of the deceased, C has the right to seek the implementation of the procedure for the registration of cancellation of transfer of ownership in the name of the heir of the deceased, and C bears the obligation for the registration of transfer of ownership in the name of the Plaintiff on behalf of C for the purpose of preserving the

참조조문

-부동산 실권리자명의 등기에 관한 법률

유사 판례

-부산고등법원 2015.03.26 2014나51329

-서울행정법원 2010. 04. 07. 선고 2008구합41397 판결

-광주지방법원 2018.12.14 2017가단520500

-서울중앙지방법원 2016.03.18 2015가단5099000

-수원지방법원 2020.05.19 2019나84864