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(영문) 서울북부지방법원 2015.05.13 2014가단342

소유권이전등기 및 부당이익금

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 6, 2009, the real estate listed in the separate sheet (hereinafter “instant house”) was completed on the following occasions: (a) the entire building was owned by the Defendant; and (b) the ownership preservation registration was completed in the future.

B. The previous building (the multi-family house ground floor 25.92 square meters, 119.03 square meters, hereinafter “the previous building”) prior to the new construction of the instant piece of land on the land and the previous building (the apartment house 25.92 square meters, 119.03 square meters, hereinafter “the previous building”) which is the site of the instant housing, had completed the registration of ownership transfer in D, and the registration of ownership transfer was completed in the future through E on April 10, 208.

C. On April 10, 2008, with respect to the instant land and the building of the Gu, the registration of creation of a mortgage was cancelled on the grounds of termination on March 13, 2009, with the debtor, the defendant, the mortgagee, the Saemaul Depository, and the maximum debt amount of KRW 312,00,000.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap evidence No. 1 (including virtual number; hereinafter the same shall apply), and the purport of whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff applied for a loan to a financial institution in order to newly construct a loan, but the Plaintiff and E were unable to obtain the loan, and concluded a title trust agreement with the Defendant to obtain the loan. Since the Plaintiff purchased the above land and the Gu building under the name of the Defendant and newly built a loan including the instant house at the Plaintiff’s expense, the actual owner of the instant house is the Plaintiff, and the title trust was terminated by the delivery of a duplicate of the instant complaint. The Defendant is obligated to implement the procedure for the registration of ownership transfer with respect to the instant house.

In addition, since the above title trust agreement is null and void, the defendant, who received the nominal entrustment of the housing of this case from the plaintiff, shall pay interest on the secured debt of the above right to collateral in the amount of KRW 5,860,280.