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(영문) 서울남부지방법원 2020.02.05 2019가단215771

소유권이전등기

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1. The defendant is limited to C on the real estate stated in the separate sheet for restoration of the authentic name.

Reasons

The Plaintiff is a creditor who holds a claim for reimbursement of KRW 65,217,870 based on a final payment order for the claim for reimbursement claim against C, Seoul Central District Court 2013 tea15,065, and C is insolvent. The fact that C completed the registration of ownership transfer on August 2, 2013 for sale of real estate listed in the attached Table (transaction price of KRW 120,000) to the Defendant, who is a son, is not a dispute between the parties (hereinafter the instant sale).

The Plaintiff asserts that the Plaintiff filed a claim for ownership transfer registration on the ground of the restoration of real name by subrogation of C, who is insolvent, because the Plaintiff did not have any ability or reason to purchase the real estate listed in the attached list, and C continues to reside in the instant transaction even after the instant transaction, and the instant transaction was invalid by a false conspiracy or trusted to the Defendant

In relation to this, when there is a claim for auction against C, the Defendant received a secured loan from D Association (hereinafter referred to as D Association) with the amount of KRW 120 million,00,000 from KRW 120,000,000,000 from KRW 50,000 from E, the Defendant borrowed from E, who is the mother of the Defendant, and paid E with the amount of KRW 50,000,000,000,000,000,000,000,000,000,000,000 won.

According to Gap evidence and Eul evidence Nos. 1 and Eul evidence Nos. 1 to 12, 2013, while the voluntary auction filed by the D Association with respect to the pertinent real estate was ongoing, the defendant borrowed KRW 70 million from the D Association as a collateral with respect to the instant real estate from the D Association with the maximum debt amount of KRW 84 million, and transferred KRW 50 million from E as a collateral. On the same day, the above money was used to pay KRW 80,756,68,60,609,172 to the D Association with respect to the D Association. The above money was paid KRW 3,634,160, and the above auction was withdrawn, and the right to collateral security against the D Association with respect to the instant real estate established on the same day and July 8, 2008.