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(영문) 울산지방법원 2020.04.09 2019가합14345
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The sales contract of this case, on March 2, 2017, stating the purchase price of KRW 550 million, the seller, and the Defendant for the land and building located in Dong-gu, Ulsan-si, Seoul (hereinafter “instant real estate”), is “the sales contract of this case” (hereinafter referred to as “the sales contract of this case”).

(B) The establishment registration of the instant real estate was completed on March 9, 2017. As to the instant real estate, the registration of ownership transfer was completed in the name of the Defendant. As to the instant real estate, as to the Ulsan District Court No. 40430, Mar. 9, 2017, the establishment registration of the right to collateral security (the instant real estate is offered as joint collateral) was completed on March 15, 2017, under the Act No. 43696, Mar. 15, 2017, the right to collateral security (the instant real estate is offered as joint collateral) E, the debtor, the obligor, the maximum debt amount of 91,000,000, and the new auction of the instant real estate was suspended on July 31, 2017, the GJ No. 2010, which included the remainder of KRW 100,000,000 for each of the instant real estate (the instant real estate was newly constructed on July 14, 2014, 2018.

2. The parties' assertion

A. Since the actual party to the sales contract for the instant real estate asserted by the Plaintiff is G and the ownership transfer registration under the name of the Defendant with respect to the instant real estate was completed according to the title trust agreement between G and the Defendant, Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

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