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(영문) 수원지방법원 안양지원 2018.06.27 2017가단122718
제3자이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 23, 2016, the Defendant received a decision of provisional attachment on real estate indicated in the attached list under the Ansan Branch of the Suwon District Court 2016Kadan1727, with the claim amounting to KRW 46,050,000, as the claim amounting to D’s guarantee obligation claim, and the provisional attachment was executed.

B. On November 16, 2017, the Defendant filed a lawsuit claiming for the payment of D’s unjust enrichment of KRW 20,000,000 and damages for delay thereof with the Suwon District Court 2016Daso26592, the Defendant received a favorable judgment from the above court on November 16, 2017. Based on the original copy of the judgment, on December 15, 2017, the Defendant executed compulsory execution (hereinafter “instant compulsory execution”).

[Grounds for recognition] The written evidence Nos. 4, 5, and 6 and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs asserts to the following purport.

“The real estate indicated in the attached list is owned by the Plaintiffs, a title truster, as it was completed in the name of D according to a title trust agreement between D and the Defendant, when the Plaintiffs purchased the real estate jointly with the Defendant around April 2008, and completed the registration of ownership transfer pursuant to the title trust agreement between D. Therefore, the execution and compulsory execution of the instant provisional attachment against the real estate indicated in the attached

B. In light of the Plaintiffs’ assertion, even if following the Plaintiffs’ assertion, the title trust agreement between the Plaintiffs and D under the Act on the Registration of Real Estate under Actual Titleholder’s Name and the registration of ownership transfer thereof become null and void, the ownership of real estate listed in the attached list is returned to E, a seller, and the Plaintiffs merely have the right to seek cancellation of the ownership transfer registration and to seek the registration of ownership transfer based on sale to E, by seeking cancellation of the ownership transfer registration from the title trustee, on behalf of the title trustee, in lieu of E (see, e.g., Supreme Court Decision 2009Da49193, 49209, Sept. 8, 201). Other Plaintiffs’ ownership of the above real estate.

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