Title trust on real estate shall be proved by the claimant.

Since a person registered as an owner of a real estate is presumed to have acquired the ownership through legitimate procedures and causes, the fact that the registration was based on the title trust has the burden of proof for the claimant.

Article 24 of the National Tax Collection Act

2014 Ghana 13580 Request for subrogation for registration cancellation

O KimO

1. SongA 2. YellowB 3. Korea 4.CC

October 24, 2014

October 31, 2014

1. The plaintiff's claim is dismissed.

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

Cheong-gu Office

With respect to the real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case"), the Plaintiff; the Defendant Song-A completed the ownership transfer registration that was received on March 18, 2003 by O district court OO branch registry office of O21840; the Defendant Republic of Korea completed the attachment registration that was received on May 4, 2005 by OO branch registry office of O branch office of O2499; the DefendantCC market completed the registration that was received on March 2, 2007; the receipt No. 17075 of O branch office of O branch office of O branch office of O branch office ofO branch office ofO branch office ofO branch office ofO branch office ofO branch office ofO branch office ofO branch office of the same registry office; and the registration procedure for cancellation of each attachment registration completed on June 1, 2010 by the same registry office under No. 51078 of May 13, 201; the Defendant YellowB shall implement the registration procedure for transfer of ownership to the Defendant D on March 10.

1. Basic facts

A. The plaintiff's credit against ED

1) On April 30, 1998, EEE (hereinafter “EEE”) received a loan from the Korea Credit Guarantee Fund from the Korea Credit Guarantee Fund, and the Plaintiff, ED, EF, EF, SongG, Kim H, and EJ jointly and severally guaranteed the said loan obligations.

2) The Plaintiff, on May 30, 200 and June 2 of the same year, subrogated to the Korea Credit Guarantee Fund for the total amount of the above loan obligations.

3) On August 2001, the Plaintiff filed a lawsuit for the claim for reimbursement under the said subrogation (2001 group 17861) against DaD, EE, EE, EF, SongG, and Kim H, the principal debtor of the said loan obligation, and was awarded a favorable judgment on January 31, 2002. After 2011, the Plaintiff filed a lawsuit for the extension of extinctive prescription (201 group 38553) against EE and EE, E, E, and E, E, and E. were awarded a favorable judgment on December 222, 2011.

B. Registration of the real estate of this case

1) As to the instant real estate owned by AD, Defendant YellowB completed the registration of ownership transfer due to voluntary auction on October 10, 2001, receipt No. 2400, and Defendant Song-A, the wife of AD, completed the registration of ownership transfer due to sale on March 18, 2003, receipt No. 21840, Mar. 10, 2003 (hereinafter “instant registration of transfer”).

2) Meanwhile, with respect to the instant real estate, the Defendant Republic of Korea completed the attachment registration under the O24999, which was received on May 4, 2005 on the O205, the attachment registration under the O2499, and the DefendantCC completed the attachment registration under the receipt No. 17075, Mar. 2, 2007, No. 47248, Jun. 1, 2010, and No. 51078, May 13, 201.

Facts without any dispute, Gap's 1, 2, 15, and 16 (including branch numbers; hereinafter the same shall apply), each entry, and the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

The agreement between E.D and E.B, the buyer, entered into a sales contract on the instant real estate on March 10, 2003, and the registration of transfer was entered into in the name of E.A. This constitutes a three-party registered title trust. Since the above title trust agreement is null and void, and the registration of transfer in the name of E.A. is null and void, Defendant Song has the obligation to implement the procedure for the cancellation of the instant registration, and Defendant YellowB has the obligation to implement the procedure for the cancellation of the instant registration, and Defendant YellowB has to implement the procedure for the registration of transfer of ownership based on the sale as of March 10, 203 to E.B. In addition, each of the registrations of the Defendant Republic of Korea and P.C. were completed based on the registration of transfer in the name of E.A., which is null and void as above.

3. Determination

Since a person registered as an owner of real estate is presumed to have acquired ownership through due process and cause, the fact that the registration is based on the title trust has the burden of proof against the claimant (see Supreme Court Decision 2007Da90883, Apr. 24, 2008). According to the evidence evidence No. 3, DaD has no record of the right to the real estate on November 20, 2002 in the column of claim on the inventory submitted on the date of specification of property (O district court 2002Kau1391, Nov. 20, 2002). However, in light of the following circumstances acknowledged by the purport of evidence No. 2 through No. 6 and the entire pleadings, it is difficult to recognize that the Plaintiff arbitrarily acquired the principal and interest of the pertinent real estate from the date of title trust to the YOB’s 30th anniversary of the fact that the Plaintiff had no record of the Plaintiff’s acquisition of the principal and interest of the instant real estate.

Therefore, the plaintiff's assertion based on the premise that the registration of transfer of this case is a title trust registration is null and void is without merit.

4. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.