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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. With respect to B, the Plaintiff is entitled to receive judgment based on the final judgment of the Seoul Central District Court case (197,673,456 won and 113,507,98 won among them) as to B from April 26, 1994 to November 15, 1994; 8,829,426 won from January 16, 1995; 28,13,795 won from March 24, 1995 to January 31, 1998; 17% per annum from the following day to August 31, 1998; 25% per annum from the next day to December 15, 198; 3,603,703 won; and 426 won per annum from the day to May 25, 1998.
B. Meanwhile, around May 5, 2002, B purchased the real estate listed in the separate sheet Nos. 1 and 2 from C, the real estate listed in the separate sheet Nos. 3 around June 15, 2002, and the real estate listed in the separate sheet Nos. 4 from D around June 5, 2006, but entered into a title trust agreement with the Defendant who is the wife, and completed each registration of ownership transfer in the name of the Defendant.
C. However, B is insolvent. In order to preserve the above judgment claim against B, the Plaintiff terminated the above title trust agreement by serving the copy of the claim of this case and the application form for modification of the cause of the claim on behalf of the Defendant on behalf of B. Thus, the Defendant is obligated to implement the registration procedure for ownership transfer on each real estate listed in the separate sheet with B due to the termination of title trust on the date of delivery of the copy of the application form for the claim.
2. The following circumstances acknowledged based on the respective statements and arguments stated in Gap evidence Nos. 2 through 5, Eul evidence Nos. 2, 3, and 4 and the purport of the entire pleadings, namely, ① the defendant was the purchaser with regard to each real estate listed in the separate sheet Nos. 1, 2, and 3, and the sales price was KRW 268,00,000 among them, and the purchase price was KRW 90,000,000 from the head of the Tong under the name of the defendant, and the remainder was paid to the purchaser.