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(영문) 인천지방법원 2019.02.21 2017가단227263

소유권이전등기

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As to the land indicated in the purport of the claim that the Plaintiff owned (hereinafter “instant land”), the Defendant, the wife of the Plaintiff, completed the registration of the right to claim ownership transfer on October 27, 200 on the same day due to the trade reservation on October 27, 200, and completed the registration of ownership transfer on January 2, 2003 based on the above provisional registration.

B. As to the land of this case, on January 16, 1997, the right to collateral security (hereinafter “the right to collateral security”) was established with the Plaintiff, the mortgagee, the Industrial Bank of Korea, and the maximum debt amount of KRW 460,000,000, and was cancelled on November 17, 2003 on the ground of termination.

C. As to the land of this case, on November 17, 2003, the right to collateral security (hereinafter “the right to collateral security”) was established with the debtor as the defendant, the mortgagee D, and the maximum debt amount of 286,00,000 won, and continues to exist until now.

As to the instant land, the right to collateral security (hereinafter “instant third collateral security”) was established on June 17, 2008 with the debtor, the mortgagee, and the maximum debt amount of KRW 200,000,000, and was cancelled on August 3, 2015 due to termination.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the land of this case was trusted in title to the defendant according to the business needs.

Since the ownership transfer registration completed pursuant to an invalid title trust agreement is null and void, the defendant is entitled to seek implementation of the ownership transfer registration procedure based on the restoration of real name.

B. The defendant's assertion that the defendant loaned the business funds to the plaintiff from 1991 to the time, and as of 2002, the principal and interest of the loan became KRW 150,000,000, and received the certificate of loan from the plaintiff to prove it.

The principal and interest of KRW 150,000,000 shall be substituted for a part of the purchase price in order to obtain the repayment of the claim against the Plaintiff.