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(영문) 수원지방법원성남지원 2015.06.17 2014가단25046

소유권이전등기말소 등

Text

1. The plaintiff's action against the defendant A shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Summary of the Plaintiff’s claim

A. The Plaintiff filed a lawsuit against Nonparty C with the Seoul Central District Court 2003 Ghana2392855 and received a final and conclusive judgment in favor of the Plaintiff, and received a favorable judgment against C, the Plaintiff has a claim for adjudication of KRW 19,035,160 as of July 23, 2014.

B. Since the title trust of the instant real estate was made to Defendant B on August 31, 2006, the transfer registration of ownership was made in the name of Defendant B on the instant real estate, Defendant B made unjust enrichment equivalent to the purchase fund received from Defendant B, and C made the said unjust enrichment.

The plaintiff holding the claim mentioned in paragraph (1) shall claim for payment of KRW 19,035,160 and delay damages against the defendant B in subrogation of C.

C. According to a new title trust agreement between Defendant B, a title truster, and Defendant A, the title trustee, pursuant to the new title trust agreement between Defendant B, a title truster, and Defendant A, Defendant A, the title truster, completed the registration of ownership transfer on the instant real estate, and thus, the registration of ownership transfer under Defendant A is null and void.

The plaintiff holding the claim mentioned in paragraph (1) shall seek the cancellation of the registration of transfer of ownership on behalf of the defendant B.

Even if the new title trust agreement was not concluded, the above transfer of ownership is null and void because Defendant B conspired with Defendant A to make a false declaration of intention, thereby completing the registration of ownership transfer in the future of Defendant A with respect to the instant real estate. Therefore, the Plaintiff seeks to cancel the above transfer of ownership by subrogation of Defendant B.

2. Determination:

A. On August 31, 2006, Nonparty D entered into a registration of ownership transfer with respect to the instant real estate on the grounds of sale as of August 31, 2006. (2) Nonparty D married with Defendant B on November 24, 2004, but agreed on May 21, 2008.

C The Seoul Family Court 2008 business group 1157 against Defendant B immediately after the divorce.