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(영문) 서울서부지방법원 2020.05.13 2019가합32866
소유권이전등기
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty C, based on the Plaintiff’s introduction, borrowed KRW 170 million on September 26, 2006, the sum of KRW 160 million on November 16, 2006, KRW 170,000,000,000 from Nonparty C, the Plaintiff’s seat, ② KRW 100,000 on January 9, 2008, and KRW 150,000,000 on July 30, 2008, respectively, at the interest rate of KRW 2% per month.

C In the event that each of the above loans was not repaid, the Plaintiff subrogated on December 1, 2009 to E and F in the amount of KRW 150 million.

B. On February 20, 2019, the Plaintiff filed a lawsuit against C seeking the amount of compensation by subrogation, and sentenced on February 20, 2019 to “the Defendant (C) shall pay to the Plaintiff the amount of KRW 300 million per annum from December 2, 2009 to February 20, 2019, 5% per annum, and 15% per annum from the next day to the date of full payment.”

(Seoul Eastern District Court 2018Gahap107655, hereinafter referred to as "the claim for indemnity of this case").

Meanwhile, on October 17, 2007, the Defendant completed the ownership transfer registration (hereinafter “the ownership transfer registration of this case”) under the receipt No. 93473 on June 23, 2008, for the reason that the instant real estate was sold and purchased.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. To arrange the arguments and issues of the parties;

A. The Plaintiff’s assertion C was entrusted to the Defendant, the spouse, as the owner of the instant real estate. On the other hand, according to the Act on the Registration of Real Estate under Actual Titleholder’s Name, title trust with respect to legal wife is allowed in principle.

In other words, the Plaintiff expressed his/her intent to terminate the title trust by delivering a copy of the instant complaint to the Defendant in subrogation of C as the right to avoid preservation of the claim against C, which is currently insolvent, and shall exercise the right to claim the registration of transfer of ownership based on the termination of title trust against C by subrogation of C.

Therefore, the defendant is therefore the case to C.

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