beta
Text
1. The defendant's KRW 29,453,070 for the plaintiff and 5% per annum from January 16, 2020 to August 28, 2020.
Reasons
1. Basic facts
A. On September 10, 2007, the Plaintiff (the Plaintiff Co., Ltd.) purchased 330/1282 shares (hereinafter “instant shares”) from D in price KRW 100 million, and completed the registration of ownership transfer on October 17, 2007, 2007, 330/122 shares (hereinafter “instant shares”) out of 11,615 square meters of forest land E (F forest land 11,615 square meters, Jun. 11, 2008; hereinafter “instant land”).
B. On May 6, 2008, the Plaintiff decided to title trust the instant shares to the Defendant, who is between the Plaintiff’s representative director G and Go-gu, and completed the registration of ownership transfer in the future of the Defendant.
C. On July 24, 2018, the remaining shares in the instant land were purchased from the said D to KRW 1.7 billion and completed the registration of ownership transfer on December 14, 2018.
On September 4, 2019, the non-party company filed a lawsuit claiming partition of co-owned property against the defendant, and was sentenced to a judgment that "the non-party company independently owns the land in this case. The non-party company paid KRW 50,856,00 to the defendant (Skcheon District Court 2018Gadan5839), which became final and conclusive on September 26, 2019.
E. Accordingly, around October 23, 2019, the Defendant completed the registration of ownership transfer of the instant shares with respect to the non-party company, and received the said KRW 50,856,000 from the non-party company (the market price at the time of the instant shares). On October 25, 2019, the Defendant remitted KRW 20 million among the Plaintiff.
[Evidence] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 9, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the registration of transfer of ownership in the name of the defendant is null and void pursuant to the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Accordingly, the plaintiff still holds the ownership of the instant shares, but the defendant, who is a registered titleholder, completed the registration of transfer of ownership of the instant shares