소유권이전등기
1. The Defendant (Counterclaim Plaintiff) terminated the title trust on June 5, 2013 with respect to the real estate listed in the separate sheet to Nonparty C.
The facts subsequent to the fact of finding the judgment on the claim of the principal lawsuit do not conflict between the parties, or can be recognized by comprehensively taking account of the overall purport of Gap evidence 1 through 9 (including each number, if any), Eul evidence 1, and Eul evidence 2-2, 13 through 16, it is difficult to believe that Eul evidence 2-2, 13 through 16, and only Eul evidence 2-3 through 12, 17, and 18 are insufficient to reverse the recognition, and there is no other counter-proof.
The plaintiff is the mother of the non-party C, and the defendant is the spouse of C and the plaintiff's action.
On May 203, 2003, the Plaintiff requested C to purchase real estate in a subdivision or tolerance under the name of the Plaintiff, and requested C to purchase real estate in a subdivision or tolerance under the name of the Plaintiff. The Plaintiff issued KRW 260 million to C until June 2003 for the purchase of real estate.
C on September 23, 2004, registered the title of the instant real estate to the Defendant.
② The Plaintiff lent C the amount of KRW 50 million around October 2007, and KRW 20 million around May 201, to C without setting the due date.
In the lawsuit brought by the Plaintiff against the Defendant and C on July 19, 2011 (U.S. District Court Decision 2011Kahap14568), the Plaintiff sought payment of KRW 260 million and KRW 70 million following the cancellation of the delegation contract, on the grounds that the Defendant acquired the ownership of the instant real estate with the Plaintiff’s purchase fund without any legal ground, and borrowed KRW 66 million as security the instant real estate. In the first place, the Plaintiff sought payment of KRW 260 million and KRW 260 million in the conjunctive interest. < Amended by Act No. 10354, Jul. 19, 2011; Act No. 1006, Feb. 3, 2014>
As for KRW 318,00,000 among the Plaintiff and KRW 260,000,000 among them, “C” on November 23, 2012, the Plaintiff respectively from September 23, 2004, and from August 26, 2011.