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(영문) 대구고등법원 2017.11.09 2017나22125
소유권이전등기
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the part added in paragraph (2) below with respect to the plaintiff's conjunctive claim added in the court of first instance, and thus, it is acceptable in accordance with the main sentence of

2. The portion added in the trial;

4. Determination on the conjunctive claim

A. If a title trust agreement between C and the Defendant on each real estate listed in the separate sheet is null and void because it violates the Act on the Registration of Real Estate under Actual Titleholder’s Name, C has a right to claim the registration of ownership transfer of each real estate listed in the separate sheet as unjust enrichment return to the Defendant.

Since C is currently insolvent, the Plaintiff, as a creditor, exercises the right to claim the transfer registration of ownership in subrogation of C, the debtor, in the instant lawsuit, on behalf of C.

Therefore, upon the plaintiff's request, the defendant is obligated to implement C with respect to each real estate listed in the separate sheet.

B. As seen earlier, insofar as there is no evidence to prove that a title trust agreement was concluded between C and the Defendant, the Plaintiff’s above assertion seeking the implementation of the procedures for ownership transfer registration against the Defendant on the premise that the said title trust agreement was null and void is without merit.

On the 6th anniversary of the judgment of the first instance, the following shall be added.

3. In conclusion, the plaintiff's main claim and the conjunctive claim added in the trial should be dismissed in its entirety as it is without merit. Since the judgment of the court of first instance as to the main claim is just as it is concluded, the plaintiff's appeal is dismissed together with the conjunctive claim added in the trial due to the lack of reason, and it is so decided as per Disposition.

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