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Defendant B received on December 29, 2005 from the Seoul Eastern District Court on the real estate stated in the attached list to Defendant D.
Reasons
1. Basic facts
A. The real estate listed in the separate sheet (hereinafter “the instant real estate”) was owned by Defendant D. On December 29, 2005, the registration of ownership transfer (hereinafter “registration of ownership transfer”) was completed on December 10, 2005 on the ground of sale and purchase on December 10, 2005, and on the same day ( December 29, 2005), the right of claim for ownership transfer was completed on the same day in the Plaintiff’s future (hereinafter “the provisional registration of this case”).
B. On December 15, 2005, the Plaintiff entered into a contract with Defendant D to purchase the instant real estate in the purchase price of KRW 61 million, and separately, between Defendant B and Defendant D, and Defendant B entered into a contract with Defendant D to purchase the instant real estate in the purchase price of KRW 33 million on December 10, 2005, and submitted the documents attached to the registration procedure.
(c)
The Plaintiff paid to Defendant D the full amount of KRW 61 million for the instant real estate purchase, and Defendant B was residing in the instant real estate from around 2006 to the present date.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion and Defendant B are in close friendship between the Plaintiff and his family members. After the Plaintiff purchased the instant real estate from Defendant D and paid the full purchase price, the Plaintiff entered into a trust agreement with Defendant B under the name of Defendant B and entered into a trust agreement with Defendant B for personal reasons, and completed the registration of ownership transfer in the future. Defendant B entered into a lending and borrowing agreement with Defendant B to have the instant real estate reside in the real estate.
Since the registration of the transfer of ownership of this case completed in the future of Defendant B is null and void in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, Defendant B demanded Defendant B to implement the procedure for the cancellation of the previous registration, etc., and against Defendant D, the Plaintiff.