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(영문) 서울중앙지방법원 2015.09.03 2014나46395
소유권이전등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is as stated in paragraph 1 of the reasoning of the judgment of the first instance except for the submission of paragraph 1(e) as follows. As such, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Parts] On the other hand, the multi-household condominiums of the first floor, third floor and rooftop (hereinafter “instant condominiums”) on each land in this case shall be referred to as “the instant condominiums.”

On February 17, 2009, registration of preservation of ownership of each of the instant partitioned buildings was completed with respect to each of the instant partitioned buildings, and registration of ownership of the instant condominium buildings was completed with respect to each of the instant partitioned buildings. The real estate listed in the attached list (hereinafter “instant partitioned building”).

As to the registration of ownership preservation under Defendant B’s name on February 17, 2009, and the registration of ownership transfer under Defendant A was completed on April 23, 2009, the Seoul Central District Court Jung-gu Branch of the Seoul Central District Court, No. 21576, Feb. 17, 2009, as the receipt of No. 21576 on February 23, 2009.

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion is the partitioned building of this case, which was acquired by C with its own funds kept and managed in the account under Defendant B and title trust to Defendant B.

Therefore, the Plaintiff seeks implementation of the registration procedure for transfer of ownership based on the cancellation of title trust agreement with respect to the instant partitioned part against the Defendant B in subrogation of insolvent C with the claim for indemnity against C as the preserved claim.

B. Comprehensively taking account of the result of each order issued by the court of first instance to submit tax information to the deputy chief of the Jung-gu Tax Office and the director of Seodaemun-gu Tax Office, the purport of the entire pleadings is as follows: (a) Defendant B paid total of KRW 94,521,810 during the period from January 1, 2004 to December 31, 2013, even though it did not engage in any particular income activity; (b) contrary to this, Defendant B continues to operate the J (J).

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