소유권이전등기
1. Defendant C shall receive on November 29, 2017 from the Cheongju District Court with respect to each real estate listed in the separate sheet to Defendant B.
1. Basic facts;
A. On April 20, 2016, the Plaintiff filed a claim for collection against Nonparty D with the Seoul Central District Court 2015Gahap57175, and rendered a favorable judgment, which became final and conclusive on May 11, 2016.
B. D acquired the ownership of the real estate of paragraphs 1 and 3 of the annexed sheet on September 4, 2002 and acquired the ownership of the real estate of Paragraph 2 of the annexed sheet on June 14, 2004.
(hereinafter referred to as "each real estate of this case").
As to each real estate of this case, Defendant B completed the registration of ownership transfer on June 27, 201, and Defendant C completed the registration of ownership transfer on November 29, 2017.
【Evidence Evidence Evidence Nos. 1 and 2】
2. Determination as to Defendant B
A. The Plaintiff’s assertion (i.e., the Plaintiff’s assertion) entrusted the Defendant B with the name of the ownership transfer registration of each of the instant real estate.
However, since the title trust is not a legally married couple, since the title trust is null and void, D has a right to claim cancellation of the ownership transfer registration against Defendant B, and even if the title trust is valid as a legally married couple, D has a right to claim cancellation of the ownership transfer registration by cancelling the title trust. Thus, the plaintiff exercises the right to claim cancellation of the ownership transfer registration against Defendant B in order to preserve the collection claim against D.
B. The Plaintiff’s assertion by Defendant B was insufficient to prove D’s insolvency, and the instant lawsuit is unlawful as it does not need to be preserved.
There was no title trust agreement on each of the instant real estate between the Defendant and D.
B. (i) Whether it is necessary to preserve D is not possessing real estate as of December 20, 2018, which is close to the closing date of the instant pleadings, and is in arrears with gift tax amounting to KRW 289,983,170 as of December 1, 2017, and is in arrears with KRW 59,32,536 as of December 20, 2018, and KRW 10,05,150 as of December 20, 2018 (see evidence 6). As such, D is deemed to have proved that it is insolvent, and thereby, D is seeking subrogation of D.