(영문) 수원지방법원 2017.11.07 2016가단534442

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(영문) 수원지방법원 2017.11.07 2016가단534442

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 25, 2010, ABS First Loan Co., Ltd. transferred to AB the claim for KRW 71,607,548 and damages for delay based thereon (hereinafter “the instant claim”). On September 4, 2014, ABS First Loan Co., Ltd. transferred the instant claim to the Plaintiff.

B. The instant real estate was owned by B’s father network D (hereinafter “the deceased”). On September 15, 201, September 201, 201, before the deceased died on October 201, the registration of transfer of ownership in the name of the Defendant was made with respect to the instant real estate.

C. On February 6, 2013, the Defendant completed the registration of ownership transfer on the ground of a compromise (U.S. District Court 201Da82021) dated October 25, 2012 with respect to one-half portion of the instant real estate on October 25, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) The Plaintiff’s assertion (1) The instant real estate is inherited by B from the deceased, and B concluded a title trust agreement with the Defendant for the purpose of evading creditors’ compulsory execution under insolvent, and completed the registration of ownership transfer based on a gift in the future of the Defendant with respect to the instant real estate.

(2) Since the title trust agreement between the defendant and B is null and void, the defendant is obligated to implement the procedure for cancellation registration of ownership transfer registration of the real estate of this case, and instead of the above obligation, the defendant is obligated to implement the procedure for ownership transfer registration of 1/2 of the real estate of this case due to the cancellation of

B. The evidence submitted by the Plaintiff alone is insufficient to recognize that the registration of ownership transfer was made in the Defendant’s future on the instant real estate based on the title trust agreement between B and the Defendant, and there is no other evidence to acknowledge it.

3. The plaintiff's claim for conclusion is reasonable.

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