소유권이전등기
1. The plaintiff's main claim and the conjunctive claim that are changed in exchange at the trial are all dismissed.
2. Action.
1. Basic facts
A. On November 29, 2010, the Plaintiff filed an application for rehabilitation with the Gwangju District Court 2010 Ma42 (hereinafter “related rehabilitation case”) and received a decision to commence January 17, 201 from the said court (hereinafter “Rehabilitation Court”) and to grant authorization on June 27, 201.
B. On November 18, 2013, the Defendant completed the registration of transfer of ownership on each of the instant real estate, which is the building and site owned by the Plaintiff, based on the same day as the Gwangju District Court’s receipt under Article 229599 (hereinafter “instant registration of transfer of ownership”).
C. On December 12, 2013, the Plaintiff received a decision to terminate the rehabilitation procedure in a related rehabilitation case.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 9 and 12 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion 1) On the completion of the pertinent rehabilitation case, the Plaintiff agreed to obtain a transfer of ownership of each of the instant real estate from the Defendant, but merely received a loan from the Defendant and completed the registration of ownership transfer under the name of the Defendant for the repayment of rehabilitation claims. As such, the Plaintiff and the Defendant concluded a title trust agreement or a re-sale promise regarding each of the instant real estate, and the Plaintiff exercised the right to make a reservation by delivery of the statement of grounds for appeal of this case (as of May 16, 2018). Accordingly, the Defendant is liable for the Plaintiff to implement the registration of ownership transfer, which is null and void in accordance with the first title trust agreement, due to the restoration of the authentic name. In addition, the Plaintiff is obligated to pay KRW 1,100,000,000 for the purchase price of each of the instant real estate and to implement the registration of ownership transfer for the reason
B. The summary of the Defendant’s assertion 1 is that the Defendant paid the Plaintiff the full purchase price for each of the instant real estate and received ownership transfer from the Plaintiff.