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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 2-1 to 5, and No. 3 may be acknowledged by taking into account the whole purport of the pleadings:
Attached Form
The registration of transfer of ownership (hereinafter referred to as "registration of transfer of ownership of this case") was completed from the co-defendant C (hereinafter referred to as "C") of the first instance court as of November 19, 2007, which was received on November 19, 2007 by Suwon District Court in relation to each of the real estate listed in the list 1, 2, and 3 (hereinafter referred to as "real estate of this case"), to the defendant, as of October 18, 2007.
B. As to the real estate listed in the separate sheet Nos. 4 and 5 (hereinafter collectively referred to as the “real estate of this case”), the registration of ownership transfer was completed on October 9, 2007 on the ground of sale as of November 19, 2007 by Suwon District Court (No. 43551, Nov. 19, 2007) from C (hereinafter referred to as the “Plaintiff Company”).
C. On April 4, 2014, the Plaintiff was appointed as the representative director of the Plaintiff Company, and the Defendant served from March 2005 to February 13, 2012 as the employee of the Plaintiff Company (factory head).
Plaintiff
On May 28, 2014, the company was ordered to commence rehabilitation proceedings in Seoul Central District Court 2014 Ma103, and the plaintiff was considered as the manager of the company of the plaintiff.
2. Summary of the parties' arguments;
A. The Plaintiff Company purchased the instant real estate in a lump sum from C on October 9, 2007, but among them, it cannot complete the registration of ownership transfer in the name of the Plaintiff Company, a for-profit corporation, and concluded a title trust agreement with the Defendant working as a factory at the time of completion of the registration of ownership transfer, and completed the registration of ownership transfer in the future of the Defendant.
Therefore, according to the legal principles of title trust, the Defendant, the title trustee, is primarily obligated to implement the procedure for registration of cancellation of ownership transfer registration of this case to C, the seller of the real estate of this case.