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(영문) 청주지방법원 2013.10.24 2012가단35040

소유권이전등기말소 등

Text

1. Defendant C is based on sale and purchase on June 20, 201 with respect to each real estate listed in the separate sheet to Nonparty D.

Reasons

1. Determination as to the claim against Defendant C

A. On June 20, 201, the Plaintiff is Nonparty D’s creditor, and Defendant C sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to D on June 20, 201, but did not follow the procedure for ownership transfer registration. The Plaintiff seeks the implementation of the procedure for ownership transfer registration of the instant real estate by subrogation of D in subrogation of D.

Grounds for Recognition: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

2. Determination as to the claim against the defendant B

A. While the Plaintiff’s assertion D entered into a sales contract with Defendant C on the instant real estate, it entered into a title trust agreement with Defendant B to avoid the compulsory execution by the Plaintiff, a creditor, and completed the registration of ownership transfer with respect to the instant real estate in the name of Defendant B.

Since the title trust agreement between D and Defendant B is null and void, and the registration of ownership transfer between Defendant B is also null and void, the Plaintiff, a creditor of D, sought cancellation of the ownership transfer registration of the instant real estate from Defendant B by subrogationing D and Defendant C in sequence.

B. According to the reasoning of the judgment below, Gap evidence No. 1, Eul evidence No. 2, and Eul evidence No. 3-1 through No. 4, upon the plaintiff's application, "D shall pay to the plaintiff 1,738,904,000 won and 600,000 won among them, 25% per annum from May 18, 2005 to the date of full payment, and 70,000 won with 20% per annum from May 31, 2005 to the date of full payment." The payment order (Cheongju District Court 2005,4693) stating that "No. 1,00 won shall be paid to the plaintiff with 0% interest per annum No. 20,000 won per annum from May 31, 2005 to the date of full payment, and No. 207,000 won per annum No. 167, Jun. 14, 2005 to the defendant Eul's District Court 207.18