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(영문) 대구지방법원 2016.08.10 2015가단38238
소유권이전등기말소등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. On June 9, 2005, the plaintiff filed a lawsuit against the defendant C and his own son seeking payment of the bill of exchange with the Daegu District Court Branch of 2005Kadan2859, and on June 9, 2005, the above court rendered a judgment that "the defendant C and E jointly together with the plaintiff about KRW 44,726,00 and the amount equivalent to 6% per annum from February 23, 2005 to April 6, 2005, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on July 5, 2005.

Defendant B, as Defendant C’s spouse, entered into a sales contract with Defendant D on November 11, 2014 with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 158,00,000 (hereinafter “instant sales contract”), and completed the registration of ownership transfer on December 4, 2014 as the same Government District Court No. 18692.

Defendant C has no active property and is in excess of its obligation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 5, result of credit information replys to the Chairman of the Korea Federation of Banks at this court, the Eastcheon Market of this Court, result of fact inquiry replys to the Minister of Court Administration, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Defendant C, the primary claim of Plaintiff 1, entered into a contract title trust agreement with Defendant B, the spouse, with the intent to escape from compulsory execution by the creditors including the Plaintiff, etc., and Defendant B, who became a party to the instant contract, entered into a sales contract with Defendant D, which was aware of the fact of the said title trust agreement, and completed the registration for

The change of real rights to the instant real estate made by the registration under the above title trust and the above title trust agreement is null and void pursuant to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name.

Therefore, the plaintiff is to preserve his claim against the defendant C.

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