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1. Defendant B, among the real estate listed in the separate sheet, with respect to 3/9 shares in Defendant C, Defendant D, E, and F, respectively.
Reasons
1. Basic facts
A. G is a person who operates H that supplies chemical medicine from around 1999 to December 2009, and Defendant A supplied chemical medicine to I that is an actual operator, and as at December 31, 2009, Defendant A had a claim for the purchase price of goods of KRW 922,981,150 against Defendant A.
B. On November 21, 201, the Plaintiff: (a) decided to acquire the claim of KRW 200,000,000 from G to the Defendant; (b) notified the Defendant A of the assignment of the said claim on November 22, 201; and (c) around that time, the said notification reached the Defendant A.
C. Meanwhile, on November 21, 2005, Defendant B completed the registration of ownership transfer as the receipt No. 27775 of December 29, 2005 with respect to the real estate stated in the order owned by J (hereinafter “instant real estate”).
The J died on August 16, 201, and at the time, there was Defendant C, E, and F, his wife, as his wife.
E. Defendant A has no particular property and is insolvent.
[Ground of recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 3-5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. When Defendant A entered into a sales contract with J on the instant real estate, the Plaintiff’s assertion that the transfer of ownership was registered in the future of Defendant B, one of his wife. Since the title trust agreement between Defendant A and Defendant B on the instant real estate and the transfer of ownership completed in the future of Defendant B is null and void pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name, the registration of transfer of ownership completed in the future of Defendant B on the instant real estate
Furthermore, since the contract of sale and purchase between Defendant A and J still remains valid, Defendant A has the right to claim the implementation of the procedure of transfer registration of ownership of the instant real estate against Defendant C, D, E, and F, the heir of J.
Therefore, the Plaintiff is the Defendant.