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(영문) 수원지방법원안양지원 2015.01.13 2014가단103976
소유권이전등기절차이행 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the statements in Gap evidence 1-1, 2, and 2-1 through 5, the plaintiff filed a lawsuit for indemnity against Eul who is the defendant's spouse with the Seoul Central District Court 2004Da28090, and the plaintiff filed the lawsuit for indemnity on April 8, 2004, "B" was 19% per annum from April 20 to February 29, 1992; 21% per annum from the next day to February 28, 1993; 20% per annum from the next day to July 31, 1993; 20% per annum from the next day to the date of complete payment; 3% per annum 17% per annum from the next day to the date of complete payment; and 4.7% per annum from the date of each of the above real estate for reasons of sale and purchase on 20.5% per annum 16.8, 194;

2. The Plaintiff asserts that, after he purchased all the real estate listed in the separate sheet with his own funds, he held the above real estate in title trust to the Defendant, and completed the registration of ownership transfer for each of the above real estate in the name of the Defendant, and the Plaintiff, a creditor of B, cancels the above title trust by subrogation, the Defendant is obliged to perform the procedure of ownership transfer to B on the grounds of termination of the title trust.

The evidence submitted by the Plaintiff alone is difficult to deem that the registration of ownership transfer made under the name of the Defendant for each real estate listed in the separate sheet was made pursuant to the title trust agreement with B, and there is no other evidence to acknowledge it.

3. Thus, the plaintiff's conclusion is that of this case.

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