소유권이전등기
1.(a)
Defendant B is the Busan District Court with respect to the real estate stated in the attached list to Defendant D.
1. Basic facts
A. On October 28, 2014, Defendant D Co., Ltd. (hereinafter “Co., Ltd.”) completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant loan”), and completed the registration of ownership transfer on December 28, 2014. Pursuant to the Busan District Court’s Northern District Court’s receipt No. 7986, Dec. 5, 2014, the ownership transfer registration (hereinafter “instant ownership transfer registration”) was completed on the ground of sale as of December 1, 2014.
B. The plaintiff is currently living in the loan of this case.
[Reasons for Recognition] Defendant B and C: A without dispute, entry of evidence No. 3, and the purport of the entire pleadings: Defendant D: Confession (Article 150(3) of the Civil Procedure Act)
2. The parties' assertion
A. The Plaintiff’s assertion that the transfer of ownership of this case was registered is null and void since Defendant C held a title trust with Defendant B according to a three-party title trust agreement.
In addition, Defendant C donated the instant loan to the Plaintiff.
Therefore, the Plaintiff, in succession to Defendant C and D, seeks the cancellation of the ownership transfer registration of this case against Defendant B by subrogation of Defendant C and D, the registration of ownership transfer based on sale against Defendant C by subrogation of Defendant C, and the registration of ownership transfer based on donation against Defendant C.
B. The gift made by Defendant B and C by Defendant C to the Plaintiff is null and void as it is either a false declaration of intent by a conspiracy, or by the Plaintiff’s strong pressure.
In addition, Defendant B received the instant registration of transfer of ownership by payment of loan bonds with a loan of at least KRW 100 million against Defendant C, or not received according to the title trust agreement.
Therefore, the Defendants cannot comply with the Plaintiff’s request.
3. Determination
A. The following circumstances are acknowledged according to the respective entries in Gap 1, 2, 4 through 6, 9 through 15, and the purport of the whole pleadings, without dispute over the facts of recognition:
In other words, the defendant D newly built an aggregate building to which the loan of this case belongs, and the defendant C established a bank agency, such as pressing.