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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 19, 2006, the Plaintiff filed a claim for reimbursement against the Defendant’s father B, etc. as Seoul Western District Court Decision 2006Kadan39037, and was sentenced by the above court on September 19, 2006 to order the payment of principal amount of KRW 238,927,035 and its delay damages. The above judgment became final and conclusive on October 10, 206.
(hereinafter referred to as the “instant claim”). B.
The Defendant’s purchase of the instant apartment from D on December 29, 201, purchased the instant apartment amounting to KRW 250 million, but the down payment of KRW 10 million is KRW 50 million when entering into a contract, the intermediate payment of KRW 50 million shall be KRW 50 million on February 20, 2012, and the remainder and loan of KRW 140 million shall be paid on May 30, 2012 (hereinafter “instant parcelling-out contract”). The Defendant completed the registration of ownership transfer under the Defendant’s name on April 9, 2012.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3, 4, Eul evidence 3, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) The apartment building of this case was sold out of the Defendant’s father’s money, and is owned by B. However, if the above title trust agreement is a so-called “three-party title trust” under the title trust agreement between B and the Defendant, the truster B may terminate the title trust agreement at any time and seek the registration of ownership transfer against the Defendant, who is the trustee. Thus, the Plaintiff’s above title trust agreement is terminated in subrogation of B in order to preserve the instant claim against B.
Therefore, the defendant is obligated to implement the registration procedure for ownership transfer on the ground of termination of title trust with respect to the apartment of this case to B.
(State Claim) 3. The above title trust agreement is for the evasion of compulsory execution, and falls under the so-called “contract title trust.”