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(영문) 대전지방법원 천안지원 2018.07.18 2017가단108796
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the representative director of C Co., Ltd. (hereinafter referred to as “C”), and the Defendant is the former representative director of C in South Korea between the Plaintiff and D (which was on January 8, 2013 and resignation on August 12, 2015).

B. On May 19, 2006, No. 32458 of receipt on May 19, 2006, and May 19, 2006, each registration of ownership transfer in the name of the defendant (the title of this case) was made with respect to the real estate Nos. 1 and 2 in the attached list in the name of E (the title of the real estate of this case).

C. Each registration of ownership transfer (the title of this case’s share transfer) was made on March 23, 2009 on the 1/2 shares (the title of this case’s 2 real estate) in the attached list No. 3 to 6 real estate in the name of the Plaintiff, from No. 15883, Ansan District Court Branch of Daejeon District Court on March 30, 2009, No. 15883, the title of this case’s share transfer on March 23, 2009.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1 to 6, the purport of the whole pleadings

2. The plaintiff's assertion

A. The registration of transfer of ownership in the name of the defendant with respect to the real estate of this case was purchased by the plaintiff from the seller E, and completed the registration of transfer of ownership in the name of the defendant at the plaintiff's request, and is null and void as it constitutes a three-party registered title trust. Thus, the plaintiff, a title truster, by subrogation of the seller E in order to preserve the right to claim the transfer of ownership,

B. The registration of transfer of shares in this case in the name of the defendant as to the two real estate of this case was made on condition that the plaintiff supports the plaintiff in the future and cooperates with the plaintiff in the operation of C, or on condition that the defendant donates the two real estate of this case to the plaintiff at least not to act as the plaintiff. In the course of the plaintiff's divorce through divorce lawsuit with D and divorce lawsuit, it was against the defendant.

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