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(영문) 서울중앙지방법원 2017.11.29 2016가단5283772
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 6, 2016, the Plaintiff acquired from Nonparty C the claim of KRW 99,00,000 (the payment order became final and conclusive on July 24, 2015, as the Seoul District Court Decision 2015Da208, Jun. 24, 2015) that C had against Jeju redevelopment farming association (the title before the change: Hyundai C&S farming association; hereinafter referred to as “agricultural association”) in return for the return of the amount of money invested.

The Plaintiff was delegated with the authority to notify the assignment of the above assignment by C and notified the said assignment of the assignment to the farming association corporation by means of content-certified mail on October 20, 2016.

B. On November 24, 2005, the Defendant entered into a real estate management trust agreement with the farming association corporation, setting the farming association corporation as the truster and beneficiary, the Defendant as the trustee, and the trust period from November 24, 2005 to November 24, 2008, with respect to the 1,484 square meters of land B in Jeju-si (hereinafter “instant real estate”).

(hereinafter “instant trust contract”). C.

On December 12, 2005, the Defendant completed the registration of ownership transfer based on the instant trust contract with respect to the instant real estate.

Meanwhile, on June 22, 2007, Jeju Special Self-Governing Province attached the right to claim the return of ownership and other rights due to the reasons such as the trust proceeds pursuant to the trust contract of this case against the defendant of the farming association corporation and the termination of trust as to the real estate of this case, on the grounds that the farming association corporation would be liable to pay the registration tax of KRW 1,296,102,050, and delinquent taxes. On June 28, 2007, Jeju Special Self-Governing Province attached the notification of seizure to the defendant on July 2, 2007.

In addition, on November 20, 2013, Jeju Special Self-Governing Province attached the right to claim the transfer of ownership and the right to claim the refund of liquidation settlement to the farming association corporation, the truster, when cancelling the trust contract in this case or disposing of the trusted real estate, on the ground that the farming association corporation failed to pay taxes of KRW 2,069,548,970 (this tax shall be KRW 1,184,43,670, additional dues shall be KRW 885,115,30) of Jeju Special Self-Governing Province. On November 26, 2013, Jeju Special Self-Govern

[Ground of recognition] dispute.

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