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(영문) 의정부지방법원 2020.07.02 2019가단105184
소유권말소등기
Text

Attached Form

With respect to real property listed in the list:

A. Defendant B received the District Court on December 21, 2012 from Defendant C.

Reasons

1. Facts of recognition;

A. On April 29, 1992, the Plaintiff is the legal spouse of D who completed the marriage report with D, and D died on November 12, 2014.

B. While Defendant C maintained internal ties with D on December 20, 2012, on December 20, 2012, Defendant C decided to trust the ownership of the real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B, who is a son between the former wife of D, and completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) as the District Court No. 118674 on December 21, 2012.

C. Meanwhile, between November 10, 2014 and December 12, 2014, around D’s death, Defendant C transferred KRW 44,089,00 on four occasions in its own deposit account from D’s deposit account to its own bank account. As to this, the Plaintiff filed a lawsuit against Defendant C on December 14, 2017 against the Defendant C seeking unjust enrichment on the said amount as the Lo Government District Court Decision 2017Ga13485, supra, Defendant C agreed to pay the instant real estate as a substitute for the Plaintiff’s claim on August 10, 2018, while Defendant C transferred the right to claim for ownership transfer registration on the ground of termination of title trust with respect to the instant real estate against Defendant B.

[Ground of recognition] Facts without dispute, or entries in Gap evidence 1 through 8 (including branch numbers if there are serial numbers) and the purport of the whole pleadings

2. According to the above facts of recognition, since the title trust agreement on the instant real estate between the Defendants and any change in real rights based thereon are entirely null and void pursuant to Article 4(1) and the main text of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the registration of ownership transfer in the instant name of Defendant B is the registration invalidation of cause, and the Defendant B is obligated to perform the registration procedure for cancellation thereof to the Defendant C who is the owner, and the Defendant C is obligated to perform the registration procedure for ownership transfer

3. Conclusion, the plaintiff .

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