beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s cause of the Plaintiff’s claim is a person who holds a claim for reimbursement amounting to KRW 355,791,851 against B, and B, which was insolvent, entered into a so-called contract title trust agreement with his wife with the Defendant for the purpose of evading compulsory execution, and subsequently purchased real estate listed in the separate sheet (hereinafter “instant real estate”) owned by C in the name of the Defendant for KRW 185,00,000 and completed the registration of ownership transfer.
Since the title trust agreement between the defendant and B is null and void, B has a claim for return of unjust enrichment equivalent to the purchase fund provided to the defendant.
Therefore, the Defendant is obligated to pay 130,000,000 won (=185,000,000-5,000,000 won) and damages for delay to the Plaintiff, who subrogated B for the preservation of the above claim for reimbursement, deducting the secured debt of 55,00,000,000 won from the new bank, Inc., the mortgagee of the right to collateral security on the instant real estate (i.e., the secured debt of 185,00,000,000)
B. We examine whether the title trust agreement on the instant real estate was concluded between the Defendant and B.
On the other hand, since the person registered as the owner of the real estate is presumed to have acquired the ownership by due process and cause, the fact that the registration was based on the title trust has the burden of proof for the claimant.
(2) On April 11, 2005, the Defendant and B reside in the instant real estate on April 11, 2005, based on the following facts: (a) A’s certificate Nos. 207Da90883, Apr. 24, 2008; (b) according to the written evidence Nos. 2 and Nos. 6, the instant real estate was owned by C; and (c) on April 11, 2005, the Defendant, the wife of B, entered into a sales contract with C to KRW 180,000 with respect to the instant real estate; (d) on June 3, 2005, the ownership transfer registration for the instant real estate was completed due to the said sales contract; and (e)