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1.(a)
Defendant (Counterclaim Defendant B) is the Chuncheon District Court with respect to the real estate listed in the attached list to Defendant C.
Reasons
1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1, 4, and 2-1, 2, and 3-1 to 6, either in full purport of the entire pleadings.
Upon introduction of D, the Plaintiff purchased the real estate listed in the attached list (hereinafter “instant real estate”) from Defendant C, and entered into a title trust agreement with Defendant B (hereinafter “instant title trust agreement”).
B. While both the Plaintiff and the Defendants were present, the Plaintiff, using the name of Defendant C, prepared a sales contract stating that the purchase price for the instant land paragraph (1) is KRW 236.8 million, and that Defendant C delivers and sells the instant land to Defendant B on March 12, 2007.
However, the actual purchase price was KRW 15 million, but in the event that the Plaintiff sells after the fact, the sales price was stated as KRW 2368 million in order to reduce capital gains tax, but the Plaintiff was to bear capital gains tax that the Defendant C may bear.
C. On March 12, 2007, the Plaintiff remitted KRW 150 million to D, which introduced the instant real estate, to D, and had D pay the purchase price. D.
Defendant C, a title trustee on April 4, 2007, completed the ownership transfer registration of the instant real estate (hereinafter “instant ownership transfer registration”). However, the ownership transfer registration of this case was completed in accordance with the instant title trust agreement.
E. On March 16, 2011, with respect to the instant real estate, the Defendant B and the mortgagee had completed the registration of creation of a mortgage on the basis of the maximum debt amount of KRW 52 million against the internal agricultural cooperative, the maximum debt amount of KRW 52 million (hereinafter “instant mortgage”).
F. Defendant C, as a seller of the instant real estate, concluded the instant title trust agreement between the Plaintiff and the Defendant, and was aware that Defendant B was a title trustee, and the purchase price also to D designated by Defendant C.