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(영문) 울산지방법원 2014.06.13 2013가단22026
소유권이전등기
Text

1. The plaintiff's lawsuit of this case is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Defendant D completed the registration of ownership transfer on the ground of the sale on August 8, 1998, as the receipt on August 8, 1998 by the Daegu District Court of the Daegu District Court of the 395000 square meters (hereinafter “the instant land”). B. As to the instant land, the registration of ownership transfer was completed on the ground of the “sale on August 3, 1998” (hereinafter “the instant registration of ownership”). As to the instant land as of July 19, 2001, by the Daegu District Court of the 35691, which was received on July 18, 2001, “the contract as of July 18, 2001,” the “the maximum amount of the claim amount,” 20 million won, Defendant B, Defendant B, and Defendant E, the mortgagee, and Defendant E,” was completed.

(hereinafter referred to as the registration of the instant collateral security) C.

Around October 22, 2003, the Plaintiff filed a lawsuit against the Non-Party G, etc., and the above court rendered a judgment on October 22, 2003 that “G shall pay to the Plaintiff KRW 7328 million and delay damages therefrom” (the above court Decision 2002Gahap3101; hereinafter the above judgment) and the above judgment became final and conclusive.

G was deceased on February 18, 2005, and there was Defendant B, C, and Nonparty H as bereaved family members.

(G) Although the G was married to Nonparty I, but divorced on December 31, 2001). [Grounds for recognition] There is no dispute, Gap 1 through 3 evidence, and the inquiry results to the Taedong Residents' Self-Governing Center, the purport of the whole pleadings, as a whole.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (1) G held a title trust with Defendant B to evade compulsory execution even after purchasing the instant land from Defendant D, and completed the registration of ownership transfer in the future of the said Defendant.

The title trust agreement between G and Defendant B is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name.

G, the title truster, has the right to claim restitution of unjust enrichment against Defendant B, the title truster, and Defendant B, as part of such return, is obligated to perform the procedure for cancellation of ownership transfer registration of this case to Defendant D, and the contract between G and Defendant D is concluded.

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