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(영문) 서울중앙지방법원 2019.07.02 2018가단5051290
소유권이전등기
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff is a creditor against C, and the Defendants and D are children of C.

B. The plaintiff filed a lawsuit against C and E for a claim for indemnity and received judgment in favor of C and E that "C shall jointly and severally with the plaintiff 235,954,419 won and 52,682,508 won among them, 17% per annum from November 15, 1995 to January 31, 1998, 25% per annum from the next day to August 31, 1998, and 20% per annum from the next day to December 31, 1998, and 18% per annum from the next day to December 31, 1998, and 20% per annum from the next day to October 31, 200, and 20% per annum from the next day to the day of complete payment."

(Seoul Eastern District Court 2010dan42410). (c)

D) On December 21, 200, the registration of ownership transfer was completed due to voluntary auction as to the real estate listed in [Attachment 1] List 1, 1, and 3, and the registration of ownership transfer was completed on November 5, 2002 as to the building listed in [Attachment 1] List 1, 1, 200, as to the building listed in [Attachment 1] List 1, 1, 200 (hereinafter “instant building, etc.”).

After all, on September 16, 2004, D completed the registration of ownership transfer for the building of this case to Defendant A on August 20, 2004.

F on November 26, 2002, the F completed the registration of ownership transfer on October 25, 2002 with respect to the real estate listed in the annexed Table 2 list (hereinafter “instant land”) to D on November 26, 202.

After all, D completed the registration of ownership transfer on September 16, 2004 with respect to the land of this case to Defendant B on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion C entered into a title trust agreement with D and the Defendants, and the instant building, etc. in the name of D, the registration of ownership transfer or the registration of ownership preservation regarding the instant land, and the Defendants’ name.

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