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(영문) 창원지방법원밀양지원 2015.12.09 2014가단3469
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

1. The fact that the registration of ownership transfer was completed on October 28, 2010 on the real estate listed in the separate sheet that the Plaintiff owned by the Defendant (hereinafter “the apartment of this case”) due to the sale on the same day (50,000,000 won) as the receipt No. 31383 on October 28, 2010 by the Changwon District Court was recognized by the entry of evidence No. 1, and the fact that the Defendant occupied the apartment of this case is no dispute between the parties.

According to the above facts, the defendant is obligated to deliver the apartment of this case to the plaintiff, the owner of the apartment of this case, unless there are special circumstances.

2. Determination as to the defendant's defense and counterclaim against the defendant's main claim

A. The Defendant’s husband C did not pay KRW 10,00,000, which was a business cause to D and brought a lawsuit against D seeking the payment of the said money against D. C, and C knew that there is a concern for compulsory execution to the apartment of this case, which is well known and well known, thereby under title trust the apartment of this case in the name of a type on the part of the Defendant, and title trust the instant apartment to the Plaintiff on behalf of the Defendant.

Since then, D has the right to claim the cancellation registration of ownership transfer registration on the apartment of this case as the right to be preserved, and C has paid D KRW 20,000,000 to D and cancelled the above provisional disposition registration. However, C has believed the plaintiff in an internal relationship and failed to cancel the registration of ownership transfer in the name of the plaintiff.

Since the title trust agreement between the Plaintiff and the Defendant is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the registration of ownership transfer in the Plaintiff’s name shall be cancelled due to the invalidation of the cause, and it

B. The plaintiff's assertion that the plaintiff lent KRW 25,00,000 to C and did not receive it, but the apartment house in this case owned by C as the defendant is owned by C is another person.

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