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(영문) 서울중앙지방법원 2015.12.03 2013가단5143163
소유권이전등기
Text

1. The appointing party shall pay to the Plaintiff KRW 49,186,013 as well as 5% per annum from September 13, 2013 to May 17, 2014.

Reasons

1. Basic facts

A. On March 21, 2002, the designated party acquired ownership by winning a successful bid for a building listed in the [Attachment List No. 1 (hereinafter “instant building”).

With respect to the land listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant land”), which is the site for the instant building, the ownership transfer registration was made on February 26, 2004 on the ground of sale on March 12, 2004 by the former owner C, as the designated party’s children, D, E, and 1/2 shares in the name of the designated party.

B. On July 17, 2010, the Plaintiff leased 302 units of the instant building from the designated parties, with a deposit of KRW 50 million, and one year period fixed.

C. On August 22, 2011, with respect to the instant building, the procedure for compulsory auction was initiated upon a request for auction by another lessee.

(Seoul Western District Court F.D.)

On October 14, 2011, the Plaintiff established the right of lease registration and transferred the instant building No. 302.

Afterwards, the Plaintiff, as a creditor to refund the leased deposit at the above auction procedure, received the distribution of KRW 5,601,658 out of KRW 54,787,671 on September 12, 2013 and the amount of KRW 49,186,013 remains.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination:

A. According to the facts of the above recognition of the claim against the appointed party, the appointed party is obligated to pay the Plaintiff the remaining deposit amount of KRW 49,186,013 as well as damages for delay after the dividend date upon the termination of the lease agreement.

B. The Plaintiff filed a claim against Defendant C, Selected D, and E, and the Plaintiff asserted that the appointed party entered into a title trust agreement with Defendant C, and that the designated party entered into a title trust agreement with the designated party D, E, and that the designated party transferred the registration directly from Defendant C, D, and E, on behalf of the designated party, the registration of ownership transfer following the invalidation of the title trust agreement shall be cancelled.

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