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(영문) 인천지방법원부천지원 2017.09.15 2017가단4296
소유권이전등기 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff’s assertion is a monetary creditor against Nonparty C, and C seeks implementation of the procedure for the registration of ownership transfer against the Defendant on the ground of termination of title trust, alleging that the instant apartment was trusted by title trust, in lieu of C.

In addition, the Defendant asserts that the Defendant agreed to set up a collateral security on the instant apartment and sought implementation of the registration procedure for establishing a collateral security on the instant apartment.

2. The Plaintiff’s evidence No. 2 was no evidence to prove the authenticity, and it cannot be deemed as evidence. The evidence submitted by the Plaintiff alone is insufficient to deem that the Defendant title trust the apartment of this case.

It is insufficient to recognize that the Defendant agreed to set up a collateral on the instant apartment with respect to the Plaintiff.

(O) According to the evidence Nos. 3 and 4, the defendant held a registration right of the apartment of this case and paid the tax on the apartment of this case). 3. The plaintiff's claim for the decision is without merit, and it is so decided as per Disposition.

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