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(영문) 대구지방법원 2016.08.11 2015나305816

소유권말소등기

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1. Upon a claim for change in exchange at the trial, Defendant B, Inc., shall enter the attached list in the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. The facts of recognition 1) S shall be the land N,O, P, Q, and R (hereinafter “instant site”) owned by the Gu-U.S. City N, O, P, Q, and R (hereinafter “instant site”).

(2) The business of constructing and selling urban residential housing on the site of the above site (hereinafter referred to as the “instant business”).

In the process of promoting the instant land, the Plaintiff requested for a loan of KRW 100 million to the Plaintiff. Accordingly, on May 10, 2012, the Plaintiff loaned KRW 95 million to S with the purchase price of the said site, and demanded S to receive KRW 130 million from May 18, 2012 until May 18, 2012. (2) S failed to pay KRW 130 million by May 18, 2012, and on December 6, 2012, it was short of paying KRW 130 million until May 18, 2012, on the instant land under the name of the owner of building in trust with the owner of building on the instant land in the name of T and provided the instant real estate in the name of T (hereinafter “instant real estate”).

3) On April 8, 2013, S established Defendant B, while implementing the instant project under the name of the owner of the instant building site and the title trustee T and AA, and established Defendant B. 4) After S established Defendant B, S changed the name of the owner of the instant building site and the instant real estate into Defendant B, and the Plaintiff requested S to change the name of the owner of the instant building site and the instant real estate under the instant sales contract to Defendant B.

Accordingly, S around spring of 2013, indicated “(StateB” in the instant sales contract, and affixed a seal on Defendant B’s corporate design, to the effect that Defendant B succeeds to the security transfer agreement of December 6, 2012 under the title of T on the instant real estate.

[Grounds for Recognition] The recommendation of confession under Article 150(3) and (1) of the Civil Procedure Act

B. The plaintiff's ground of claim is determined.