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(영문) 서울남부지방법원 2020.05.22 2018가합111091
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion

A. The primary claim Plaintiff holds C with a final and conclusive payment claim based on the Seoul Southern District Court Decision 2008Gahap9830 decided as to C.

The defendant completed registration of preservation of ownership in the name of the defendant as to the real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case") with C and the legal couple, but the real owner of the real estate of this case was C with the funds of C, but only the title of ownership was the defendant.

The plaintiff terminates the title trust agreement between C and the defendant by delivering a copy of the complaint of this case in subrogation of C.

Therefore, the Defendant is obligated to implement C the procedure for ownership transfer registration for the reason of termination of the title trust agreement with respect to the instant real estate.

B. Since a title trust agreement between Preliminary Claim C and the Defendant is aimed at evading compulsory execution, it is null and void in accordance with Article 8 of the Act on the Registration of Real Estate under Actual Titleholder’s Name.

Therefore, the Defendant acquired the ownership of the instant real estate, and the Defendant is obligated to return the construction funds of the instant real estate provided by C to C as unjust enrichment.

The plaintiff claims that the defendant return the above unjust enrichment directly to the plaintiff in subrogation of C.

2. Determination on the application for ownership transfer registration (main claim);

A. According to the respective statements in the evidence Nos. 1, 4, and 8 as to the existence of the preserved claim and the need for preservation, and the respective tax information submission orders, replys, and the whole pleadings regarding the Gangseo-gu Office and the Gangseo-gu Office, the whole purport of the pleadings, the Plaintiff’s holding against C a final judgment claim based on the payment order of the Seoul Southern District Court Decision 2008Gahap9830, and the same court Decision 2019Hu2023, and C may recognize the fact that the Plaintiff is insolvent because it does not own any property, such as

Therefore, it is recognized that the creditor subrogation claim and the need for preservation is recognized.

(b)the existence of subrogation claims;

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