Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. A. On August 30, 2012, AP Construction Co., Ltd. (hereinafter “AS Construction”) completed registration of preservation of ownership with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, the trade name of the International Trust Co., Ltd. (hereinafter “International Asset Trust”) was changed to “International Asset Trust Co., Ltd.” after the date.
The real estate security trust for the instant real estate was concluded, and the international asset trust completed the registration of ownership transfer for the instant building due to the said trust contract.
B. On August 1, 2012, the Defendant entered into a lease agreement with the head of AP Construction and the third floor of the instant real estate under which the lease deposit amount of KRW 30,00,000, monthly rent of KRW 400,000, and the lease term of KRW 400,000, and August 20, 2015, which were stipulated as the lease agreement between August 20, 2012 and August 31, 2012, with respect to the housing of KRW 301,000,000,000, which were connected in order to each point of the attached drawings (hereinafter “instant housing”).
C. On May 23, 2014, the Plaintiffs purchased the instant real estate in the public sale procedure conducted by the International Asset Trust and completed the registration of ownership transfer on May 29, 2014, respectively. On the same day, the Plaintiffs completed the registration of ownership transfer under the name of the International Asset Trust by re-trusting the instant real estate to the International Asset Trust.
[Ground of recognition] Facts without dispute, Gap 1, 4 evidence, Eul 1 to 3 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. In light of the type, contents, etc. of a contract entered into at the time of entering into a lease agreement between the Defendant’s assertion and APS Construction, a lease agreement between the said parties cannot be deemed to have been actually established. In collusion with the Defendant, APS Construction entered into a lease agreement without registration for preservation of the instant real estate and entered into it into an international asset trust. The Defendant without title.