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(영문) 서울남부지방법원 2015.11.10 2014가합109403

소유권이전등기 등

Text

1. The defendant has caused the termination of title trust with respect to one-half share of the real estate listed in the separate sheet to B.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against B 1) The Plaintiff is a stock company C on July 31, 2009 (hereinafter “foreign company”).

(B) The Plaintiff concluded a credit guarantee agreement with the non-party company, and the non-party company jointly and severally guaranteed the indemnity liability owed by the non-party company to the Plaintiff pursuant to the above credit guarantee agreement. (2) The Plaintiff subrogated for the debt owed to the financial institution of the non-party company and filed a lawsuit against the non-party company and B

On September 26, 2011, the above court rendered a ruling that "B shall jointly and severally pay to the Plaintiff 199,703,598 won and 199,703,092 won among them, 15% per annum from May 3, 2011 to July 17, 2011, and 20% per annum from the next day to the date of full payment." The judgment became final and conclusive thereafter.

B. The Defendant, the spouse of the instant real estate B, is the Defendant, on June 16, 2009, the real estate indicated in the separate sheet from D (hereinafter “instant real estate”).

370 million won (contract amounting to KRW 30 million on the date of the contract, the intermediate payment of KRW 90 million on July 22, 2009, and the remainder of KRW 2500 million on August 13, 2009) is purchased, and the instant real estate was registered for transfer of ownership on August 13, 2009 as the receipt of KRW 57375 on August 13, 2009. (C) At the end of the insolvent of B, B is in excess of its obligation. [The fact that the confession was based on recognition, and the purport of the entire pleadings is the purport of the entire pleadings.]

2. The parties' assertion

A. The Plaintiff’s assertion is that the actual purchaser of the instant real estate is B, and the Defendant is the title trustee, and the title trust agreement between B and the Defendant is null and void due to the title trust between the husband and the wife for the purpose of compulsory execution, or the title trust between B and the Defendant was terminated (the Plaintiff’s decision is made with the purport that the title trust agreement is terminated by subrogation of B through the delivery of a copy of the complaint). Thus, the Defendant is about the instant real estate to B