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(영문) 수원지방법원성남지원 2015.01.27 2014가단205682
소유권이전등기절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion has a claim for reimbursement against B.

However, B entered into a title trust agreement with the wife on October 26, 2001, and completed the registration of ownership transfer under the name of the defendant after purchasing the shares of “B, etc., of “B, etc.,” which are the site of real estate listed in the separate sheet from the CY association on October 26, 2001. Accordingly, the registration of ownership transfer was completed in the name of the defendant on December 31, 2001 by acquiring the status of the above association members.

Ultimately, registration of preservation of ownership in the name of the defendant was completed in sequence pursuant to the above title trust agreement with B, and since B is insolvent, the plaintiff represented the defendant by subrogation of B and expressed his intention to terminate the above title trust agreement as a duplicate of the complaint of this case.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer based on the termination of the above title trust with respect to the above real estate to the Plaintiff.

2. However, it is not sufficient to acknowledge that there was a title trust agreement between B and the Defendant, as alleged by the Plaintiff, based on the result of the response to the order to submit tax information by the head of the new Gwangju District Tax Office on the duty of taxation information in this court. There

3. As such, it is difficult to accept the Plaintiff’s claim from another premise, and it is so decided as per Disposition by the assent of all participating Justices.

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