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(영문) 대구지방법원서부지원 2015.12.03 2015가단33292
소유권이전등기
Text

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

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

Reasons

1. Basic facts

A. On January 27, 2015, the Plaintiff filed an order with the Daegu District Court Branch Branch of 2015 tea194 to pay reimbursement against B, which was issued by the said court for payment order, and the said order was finalized on February 24, 2015.

B. On July 27, 2005, the Defendant, as the spouse of B, concluded a contract for the construction and sale of the apartment as stated in the separate sheet (hereinafter “the apartment of this case”), and completed the registration of ownership transfer in the name of the Defendant for this reason.

C. As of June 26, 2015, B, against the absence of positive property, is in excess of the debt amounting to KRW 920,827,00.

[Grounds for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, and the inquiry results on the head of the achieved Gun, the response results following the order of the Chairperson of the Korea Federation of Banks to submit financial transaction information, the purport of the whole pleadings

2. The assertion and judgment

A. Although the assertion B engaged in the business with the trade name of "C", the defendant was in exclusive charge of raising and living the child as the main father, there was no specific evidence about the defendant's income activities, and did not specify the amount of money received from "B" which is the husband, and the interest on the loan for the purchase of the apartment of this case was paid by "B", the apartment of this case was actually acquired to own the apartment of this case by bearing the price, and it is merely a property trusted in the name of the defendant, the spouse of the apartment of this case.

The plaintiff, as a creditor of indemnity against B, terminated the title trust agreement between the defendant and B by serving a copy of the complaint of this case on behalf of B as a creditor of indemnity against B, and seeks implementation of the procedure for ownership transfer registration in the name of B with respect to the apartment of this case on the ground of this, and the defendant preliminaryly sought 10,000 won with respect to the sale price of the land of this case, which was set forth on the land of this case at KRW 205,00,000.

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