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(영문) 광주지방법원 장흥지원 2018.08.22 2016가단3257
소유권이전등기
Text

1. Defendant D has caused Defendant C to recover the true name with respect to each real estate listed in attached Forms 1 through 4.

Reasons

1. Basic facts

A. The real estate listed in attached Forms 1 through 4, which was owned by Defendant C, was registered for the establishment of a mortgage-based E-association by the head of the Gwangju District Court on June 16, 2010, under the receipt of No. 8642, Jun. 16, 2010. The registration of ownership transfer under Defendant D was completed on the same day, and the maximum debt amount was 35,000,000 won, and the establishment of a mortgage-based E-association was also registered.

B. The real estate listed in attached Form No. 5, which was Defendant B owned, was completed the registration of ownership transfer under Defendant D’s name as the receipt of No. 7453 on June 3, 201, due to the sale on May 27, 2011.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5

2. The parties' assertion

A. The real estate listed in the Plaintiff’s attached Forms 1 through 5 is jointly purchased by F, which was de facto related to the Plaintiff, and jointly purchased in the name of Defendant D, who is a F’s father, and the title trust agreement is null and void. As such, Defendant D is obligated to implement the procedures for the registration of ownership transfer or the registration of ownership cancellation for the restoration of real name. Defendant C and B are obligated to implement the procedures for the registration of ownership transfer for the restoration of real name. Defendant C and B are obligated for the Plaintiff, the actual purchaser of the real estate, to implement the registration procedure

B. The Plaintiff’s claim is without merit, since the Defendant purchased each real estate listed in [Attachment 1 to 5], not the Plaintiff and F, but the Defendant D.

3. Determination as to the actual purchaser of real estate

A. In full view of the following facts and circumstances as revealed in Gap evidence Nos. 4 through 8, 10 through 22, 24, 25, 26, 28, and 29.30 (including each number), each of the records in this Court’s E-Union, each of the response of financial transaction information to the G Union’s affiliates, Defendant B and D’s personal inquiry results, and the whole purport of the pleadings, the real purchaser of each real estate listed in the separate sheet Nos. 1 through 5 is the plaintiff and F, and they are confirmed to have trusted the above real estate to Defendant D.

1 The plaintiff from around 2006.

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