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(영문) 서울중앙지방법원 2017.12.08 2016가합570188

소유권이전등록

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1. The Defendant terminated the title trust on July 28, 2015 with respect to each aircraft listed in the separate sheet 1 and 2 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a corporation whose transfer of ownership is registered with respect to each aircraft listed in the separate sheet 1 and 2 (hereinafter "each aircraft of this case"). The plaintiff was engaged in the business of the operator of the aircraft of domestic civil air navigation, and the plaintiff is a person who asserts that he held title trust with the defendant of each aircraft of this case.

On the other hand, the deceased C(hereinafter “C”) was a representative director of the defendant, and was in a friendly relationship with the plaintiff, but died on August 21, 2012.

D was in charge of the defendant's accounting affairs, and was appointed as the defendant's internal director on January 24, 201, and is the defendant's only registered officer.

B. From November 9, 201 to May 14, 2012, the Plaintiff: (a) transferred KRW 675,308,00, as shown in the table below (hereinafter “the instant remittance table”) in the name of the Defendant’s representative director C (Account Number: E) from November 9, 2011 to May 14, 201; (b) the Defendant purchased each of the instant aircraft and the aircraft listed in the separate sheet 3 (hereinafter “F aircraft”); and (c) registered the transfer of ownership in the name of the Defendant by combining each of the instant aircraft and F aircraft.

The amount of 5,00,000,000 on November 9, 201, 201; 60,000,000 on January 27, 2012; 210,000 on February 21, 2012; 3,00,000 on February 21, 20, 200 on February 7, 2011; 3,00,00 on November 28, 201; 10,000,000 on August 28, 2008; 10,000,000,00 on April 270, 200, 200; 3,000,000 on April 16, 200, 2000; 30,000 on May 16, 200, 2008;

C. On November 17, 2011, the Defendant entered into a lease contract for aircraft with G Co., Ltd. (hereinafter “G”).

2) On February 15, 2012, the Plaintiff leased the aircraft, and the Plaintiff jointly and severally guaranteed the Defendant’s obligations as the lessor. (2) On the basis of Hobs’ meters installed in the aircraft at the time of the contract, the rent was set at KRW 70,000 per hour on the basis of Hobss (Hobs).