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(영문) 대구지방법원포항지원 2015.11.17 2015가단303421
소유권말소등기
Text

1. Nonparty E:

A. Defendant A caused the return of unjust enrichment with respect to one real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff currently holds a taxation claim of KRW 175,073,500 in total against Nonparty E.

B. “F land” (hereinafter “F land”) and “G land” (hereinafter “G land”) of the North-gu G forest 679 square meters in the north-gu, Si/Gun/Gu. On July 26, 2012, E sold the said F land to Nonparty H in the purchase price of KRW 150,000,000, and the said G land in the purchase price of KRW 490,000,000 on October 24, 2012.

C. As to the instant real estate owned by Defendant D, on April 26, 2013, the registration of ownership transfer under Defendant A was completed on the same day. As to each of the instant 2 and 3 real estate owned by Defendant D, the registration of ownership transfer under Defendant A, B, and C was completed on June 5, 2013.

Defendant A is the spouse of E, and Defendant B and C are the children of E.

(e) E is currently insolvent;

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 2-2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Plaintiff purchased each real estate listed in the separate sheet from Defendant A, B, and C, which was received by the Plaintiff after selling E’s land with F and G land, but the title of the registration was entrusted to Defendant A, B, and C, who is a family member. The above three-party registered title trust is the so-called third party registered title trust, and both the title truster and the trustee’s title transfer registration are null and void. The title truster may claim for the registration of title transfer under the name of the title trustee by subrogation of the seller, based on the seller’s right to claim for the

Therefore, the Plaintiff, a title truster for each real estate listed in the separate sheet, is the seller of each real estate listed in the separate sheet by subrogation as E’s creditor and the Defendants, the title trustee.

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