소유권이전등기등
1. Defendant C shall support the Suwon District Court with respect to the real estate stated in the attached list to Defendant C.
1. The fact that the Plaintiffs concluded a sales contract with Defendant D Co., Ltd. (hereinafter “Co., Ltd.” in the name of the company omitted) to purchase real estate listed in the separate sheet and paid all the purchase price (hereinafter “instant real estate”) on November 12, 2007 does not conflict between the above parties.
According to the above facts, Defendant D is obligated to implement the registration procedure for transfer of ownership on November 12, 2007 to the plaintiffs.
2. Determination as to the claim against Defendant C
A. On November 12, 2007, with regard to the instant real estate owned by Defendant D, a sales contract of KRW 4.3 billion was prepared on November 12, 2007 with regard to the instant real estate, for which the seller was Defendant D and the purchaser was the Plaintiff A. (2) On November 22, 2007, with regard to the instant real estate as KRW 4.3 billion, a sales contract was prepared on November 22, 2007 with regard to the seller’s purchase price as KRW 4.3 billion
3) On February 1, 2008, on the instant real estate, the registration of ownership transfer was completed under Defendant C’s name on February 1, 2008. [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 5, and 9 (if available, the number shall be included; hereinafter the same shall apply)
each entry, the purport of the whole pleading
B. The 1st Plaintiffs asserted by the 1st Plaintiffs purchased the instant real estate from Defendant D with the purchase price of KRW 4 billion. The 1.4 billion amount is set off against part of the Plaintiffs’ claim for construction payment against Defendant D, and the remaining 2.6 billion amount is to be repaid with the loans of KRW 4 and 5 out of the instant real estate as security.
However, it is revealed that the Plaintiffs were unable to obtain loans due to lack of credit qualification, and the purchaser was Defendant C to re-consign the sales contract for the instant real estate, and Defendant D, the seller, pursuant to the title trust agreement with Defendant C, completed the registration of transfer of ownership by intermediate omission under Defendant C’s name.
Therefore, the above title trust agreement between the plaintiffs and defendant C is null and void.