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(영문) 전주지방법원 2016.01.08 2013가단32255
소유권이전말소등기 등
Text

1. Defendant B terminated the title trust on November 27, 2013 with respect to the real estate listed in the separate sheet to Nonparty D.

Reasons

1. Basic facts

A. On June 25, 2003, the Plaintiff filed a lawsuit against Nonparty D and E with the Jeonju District Court 2003Kadan11075, and sentenced that “D and E shall jointly and severally pay to the Plaintiff 30,000,000 won and the amount calculated by applying each rate of 18% per annum from September 1, 2002 to May 31, 2003, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive around that time.

B. The Plaintiff received dividends of KRW 1,323,524 on April 19, 2012 in the Jeonju District Court F dividend procedure following D’s corporeal movables auction.

C. On December 24, 2010, as to the real estate stated in the separate sheet (hereinafter “the instant real estate”), the construction of re-registration for transfer of ownership was completed on January 21, 201 by the Jeonju District Court No. 4299, Jan. 21, 201, against Defendant B, the wife of D due to sale and purchase on December 24, 201.

Defendant B completed the provisional registration of ownership transfer claim (hereinafter “instant provisional registration”) on October 21, 201 on the grounds of the pre-sale reservation on October 21, 201, Defendant C, which received on October 21, 201, under the receipt of the Jeonju District Court’s Seoul District Court’s indictment on October 21, 201. On January 3, 2012, Defendant B completed the ownership transfer registration (hereinafter “instant principal registration”) under the receipt of the same registry office on January 12, 2012.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. In full view of the facts acknowledged as Gap evidence No. 4, the head of the former Sin-si, the head of the Gu and the head of the North Korean District Tax Office, the fact-finding results, and the purport of the entire arguments, the non-party D entrusted the title of the instant real estate to the defendant B, who is the wife, in lieu of the payment of the construction price, in lieu of the payment of the construction price. The above D can be recognized as having no property other than the instant real estate, and a duplicate of the complaint of this case containing an expression of intent of termination of title trust exercised by the plaintiff, the debtor, in subrogation of D.

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