beta
Text
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On August 3, 2016, the Plaintiff entered into a monetary loan agreement with C on November 30, 2016, setting a maturity of KRW 430 million as KRW 430 million, 10% per annum, 20% per annum, and 20% per annum. In order to verify such content, the Plaintiff and C entered into a monetary loan agreement with a notary public (No. 1182, 2016).
(hereinafter referred to as “instant claim”) b.
On May 25, 2016, the Defendant completed the registration of ownership transfer in his/her name on May 25, 2016 for the land E and six other (hereinafter “instant land”).
C. The Plaintiff filed a complaint against C on the ground that C had title trust with the Defendant on the ground that C was in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name. C, not on the title trust with the Defendant, stated in the investigative agency that C lent the Defendant’s loan of KRW 160 million and access road construction costs necessary to purchase the instant land. Although the Defendant received KRW 120 million from C, the Defendant stated that the Defendant was paid KRW 120 million, not the purchase price of the instant land, the Defendant was paid the settlement money of KRW 20 million and KRW 21,00,000 in Yangsan City, which was not the purchase price of the instant land, but on the ground that the public prosecutor did not have any evidence to deem the Defendant as the title trustee who did not have any right to the instant land. D., a non-prosecution
C has no property owned in its own name, while it bears a debt of KRW 430 million against the plaintiff, which is insolvent.
[Evidence] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The Plaintiff’s assertion C concluded a contract title trust agreement with the Defendant on the instant land, and purchased and registered the said land in the name of the Defendant. The seller of the said land knew of the said title trust agreement.