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(영문) 울산지방법원 2018.11.27 2018가단60139
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. On September 5, 2014, the Plaintiff: (a) on December 30, 2015, the period for repayment of KRW 18 million was determined and lent to the Defendant on December 30, 2015.

B. As to the instant real estate on November 24, 2004, the registration of the establishment of the first priority collective security right was completed on June 22, 2005 with respect to the registration of ownership transfer in the Defendant C (title D before the opening of the name), and on June 22, 2005, with respect to the registration of the establishment of the second priority collective security right, the registration of the establishment of the debtor C, the mortgagee B, the plaintiff of the right to collateral security, the maximum debt amount of which is KRW 400 million, and on September 30, 2016, the registration of the establishment of the second priority collective security right was completed.

C. After that, on April 25, 2018, Defendant B’s failure to repay the above loan, the voluntary auction procedure commenced on the instant real estate upon the Plaintiff’s request, but was revoked on the ground that there was no remaining amount when the minimum auction price takes precedence over the Plaintiff’s claim and the senior mortgage claim, etc.

Evidence: Evidence No. 1, 2, 5, 6, 7

2. The plaintiff asserted that the actual owner of the real estate in this case is the defendant B and the defendant C is merely the title trustee, based on the creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's creditor's right to collateral

3. Determination and conclusion are insufficient to acknowledge the fact that Defendant B is the actual owner of the instant real estate and the Defendant C is only the title trustee. There is no evidence otherwise.

Therefore, the Plaintiff’s claim against the Defendants based on the premise that Defendant C is a title trustee of the instant real estate is dismissed in entirety on the ground that it is no longer necessary to examine the instant claim.

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