손해배상 등
1. The Defendant’s KRW 300,000,000 as well as 5% per annum from February 28, 2018 to December 21, 2018 to the Plaintiff.
1. Basic facts
A. The relationship between the parties 1) The Plaintiff’s each real estate listed in the separate sheet on July 1, 1996 (hereinafter “each land of this case”)
2) The Defendant held 20% of the shares issued by C Co., Ltd. (hereinafter referred to as “C”) and held a position as a managing director of C, and completed the registration of ownership transfer in its name.
B. On June 3, 2004, the sales contract of this case was concluded and the ownership transfer registration of this case was executed 1) with respect to each of the land of this case as KRW 350,000 (hereinafter “the sales contract of this case”).
(2) As to each of the instant lands, the registration of ownership transfer based on the instant sales contract (hereinafter “the instant registration of ownership transfer”) was completed in the Defendant’s future as of June 16, 2008 by the Daejeon District Court Branch Branching the Daejeon District Court No. 54536, Jun. 16, 2008.
C. On August 28, 2015, C entered into a separate sales contract with the Plaintiff as to each of the instant land (hereinafter “ separate sales contract”) with the Plaintiff, the buyer, and the sales price of KRW 350,000,000. At the time, the sales price was to be substituted by the amount paid under the instant sales contract.
1) On around 2016, C concluded a title trust agreement with the Defendant at the time of the instant sales contract, and concluded the instant sales contract under the name of the Defendant between the Plaintiff, the seller, according to the method of contract title trust, and completed the registration of ownership transfer of each of the instant land in the Defendant’s future. The said title trust agreement is governed by the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).
The Plaintiff, as a party to the instant sales contract, was aware of the above title trust agreement between C and the Defendant, and thus the registration of ownership transfer in the name of the Defendant is also void.