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(영문) 수원지방법원 2015.07.02 2013가합23641
소유권이전등기
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Summary of the cause of the instant claim

A. Defendant F acquired the instant real estate Nos. 1, 2, 4, and 5, which was the chairman of Defendant F, on May 30, 1985, and newly built the instant real estate on the ground around June 12, 1986 and completed the registration of ownership transfer in Defendant F.

B. As to each real estate of this case which was actually owned by Defendant F but was under the name of Defendant F, the public sale procedure due to attachment was carried out. Defendant F purchased each real estate of this case through the public sale procedure on February 6, 2012, and completed the title trust thereof to the Defendant Company, which was operated by Defendant F, and completed each registration of ownership transfer in the name of the Defendant Company. The title trust agreement for each real estate of this case is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and accordingly, registration made in the name of

C. On the other hand, around November 22, 2005, Defendant F borrowed KRW 1 billion from the deceased G (the deceased on January 22, 2012, hereinafter “the deceased”) and issued to the deceased a letter of performance that “The deceased shall transfer each of the instant real estate to the deceased at the time of default of the rent,” and entered into a payment in accord and satisfaction agreement.

Plaintiff

A is the deceased’s wife, and the rest of the plaintiffs are the deceased’s children.

E. Therefore, the Defendant Company, in lieu of seeking the cancellation of the ownership transfer registration for each of the instant real estate, which is null and void against Defendant F, is obligated to transfer the ownership to the Defendant Company based on the restoration of the true name. Therefore, the Plaintiffs, who are the inheritors of the Deceased, shall claim by subrogation the Defendant F, the debtor.

Meanwhile, the Plaintiffs seek against Defendant F the registration of ownership transfer relating to the amount equivalent to the Plaintiff’s inheritance shares out of each of the instant real estate based on the foregoing payment agreement.

F. In the event that the above main claim is not accepted, the defendant F is the defendant company in the above public auction procedure.

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