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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 14, 2003, C, while a divorce between the Plaintiff, who is the husband, received from the Plaintiff the real estate indicated in the separate sheet as consolation money (hereinafter “instant real estate”) under the name of the Plaintiff. However, C decided to title trust the real estate to the Defendant, and the Plaintiff consented thereto.
B. Accordingly, on May 20, 2003, the Plaintiff filed a registration of transfer of ownership in the name of the Defendant (hereinafter “instant registration of transfer of ownership”) with respect to the instant real estate under the former District Court No. 27152 on the same day on the same day.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts established above, barring any special circumstance, a title trust agreement between C and the defendant and the registration of ownership transfer of this case based on such agreement is null and void as it violates Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and thus, the defendant is obligated to implement the procedure for the registration of ownership transfer of this case under the name of the defendant as to the real estate in this case
Accordingly, the defendant asserts that since the defendant purchased the real estate of this case from C around September 2003, the transfer registration of ownership in the name of the defendant is valid registration in accordance with the substantive relations.
In addition to the purport of the pleadings as a result of the fact-finding on the Samsung Fire and Marine Insurance Co., Ltd., the Plaintiff borrowed KRW 19,00,000 from the non-party Samsung Fire and Marine Co., Ltd. (hereinafter “Tsung Fire”) prior to the donation of the instant real estate to C, and registered the establishment of the mortgage on the instant real estate as the obligor, the maximum debt amount of KRW 24,70,000,000, the mortgagee Samsung Fire & Marine Insurance Co., Ltd. (hereinafter “Ssung Fire”) was received on April 9, 202 as of April 9, 20094, as the Defendant, the maximum debt amount of KRW 24,70,00,00, and the mortgagee Samsung Fire.