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(영문) 창원지방법원 2015.04.21 2014가단18950
소유권이전등기말소
Text

1. The Defendant received the Plaintiff on June 13, 201 from the Changwon District Court Kimhae registry office, as to the borrowing of the attached list from the Plaintiff.

Reasons

1. The fact that the registration of ownership transfer was completed on June 13, 2013 by the Defendant, who was the Plaintiff’s possession of basic facts, as indicated in the separate sheet (hereinafter “instant loan”), on the following grounds: (a) there is no dispute between the parties.

2. The Plaintiff asserted that the Defendant, in the future, title trust agreement was held in title, and the title trust agreement was null and void, and that the change in real rights pursuant to the above agreement was null and void, and that the Defendant sought to cancel the registration of transfer of ownership, which was completed in the future, on the above loan. The Defendant asserted that the Defendant received the above loan from the Plaintiff.

The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings, i.e., evidence Nos. 1 through 11 (including virtual numbers), i.e., (i) the leased apartment, Kimhae-si, 413 and 1304, residing in the Plaintiff, after the transfer registration of ownership was made in the future, if the loan of this case remains in the name of the Plaintiff at the time of sale in the Plaintiff, it would have been difficult to convert the above rental apartment into sale in lots; (ii) the Plaintiff is keeping the certificate of registration of the loan of this case; (iii) the Plaintiff and the Defendant agreed on the matters and property relation related to the raisinger and designation of the Plaintiff and the person with parental authority prior to the confusion on June 19, 2014, and the Defendant did not exercise the right to use the above loan, such as transferring the ownership of the loan of this case to D and giving up the right to claim a division of property, etc., the Plaintiff borrowed the above apartment in the name of the Defendant.

Therefore, the registration of transfer of ownership under the name of the defendant with respect to the loan of this case is invalid as it is under the title trust agreement, barring any special circumstance.

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