2010Gahap4750 Registration of transfer of ownership

00 Construction Industry Co.

1. Forwarding: 00

2. Fixed 00

September 16, 2010

1. The plaintiff's lawsuit against the defendant Song 00 shall be dismissed.

2. The plaintiff's claim against the defendant Jong-soo is dismissed.

3. Litigation costs shall be borne by the Plaintiff.

As to the real estate listed in the attached list (hereinafter referred to as "each of the real estate of this case"), the defendant Song 00 performed the procedure for the cancellation of ownership transfer registration completed on November 10, 2006 by the 00 district court 00 registry office 000 registry office 00, and the defendant Jong 00 completed the procedure for the registration of cancellation of ownership transfer registration that caused the sale on September 20, 2006.

1. Basic facts

A. On October 30, 1978, Park Sang-O entered the Plaintiff company and worked as the head of the police team division from February 10, 1998 to February 28, 2009, and from March 1, 2009 to February 1, 2009, he is the person who served as the head of the police team division, and Song MaMa MaMa-Ma is the head of the Park Sang-O, and the defendant Song 00 is the omission of Song MaMa Ma-Ma.

B. Park 00 was prosecuted for committing an offense, such as 'Embezzlement 1,89.8 billion won of the Plaintiff company while he was in charge of the Plaintiff company's money raising, withdrawal, and management from around September 2, 2004 to June 26, 2009, and was convicted on April 2, 2010.

C. Each of the instant real estates was originally owned by Defendant 100, and each of the instant registrations of ownership transfer in the name of Defendant Song 00 for sale on November 10, 2006 (hereinafter “each of the instant registrations of ownership transfer”) was completed on September 20, 2006.

[Ground for Recognition: Facts without dispute, entry in Gap evidence 2 through 7 (including each number, if any) and the purport of the whole pleadings]

2. The plaintiff's assertion

A. Park 00 purchased each of the instant real estate from September 20, 2006 on September 20, 2006 and held title trust with Defendant Song 00. Accordingly, according to the above, each of the instant transfer of ownership, etc. under Defendant Song 00.

is null and void based on the so-called three-party registered title trust.

B. Therefore, Defendant Song 00 has a duty to cancel each registration of ownership transfer of this case against Defendant Jung 00, and Defendant Jung 00 has a duty to effect the registration of ownership transfer on September 20, 2006 with respect to each real estate of this case by reason of a sale contract on September 20, 2006.

C. Accordingly, the Plaintiff, as a creditor of GaO, sought cancellation of each ownership transfer registration of this case by subrogation of GaO and Defendant 100 in succession with respect to GaOO, and sought implementation of each of the above procedures for ownership transfer registration of this case by subrogation of Gao00 on behalf of Gao00.

3. Determination

A. As to whether Park 00 purchased each of the instant real estate from Defendant 100 and trusted it to Defendant Song 00, subparagraph 1-2 of the Evidence No. 1-2, which seems consistent with the above, is merely a document containing the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

B. Therefore, insofar as the claim for the registration of ownership transfer of each of the instant real estate against Defendant 100, which was sought by subrogation, is without merit, and as long as the right to claim for the registration of ownership transfer of each of the instant real estate against Defendant 100 is not recognized, the instant lawsuit against the Defendant 100, which was sought by Park O and Defendant 100 in sequence, is unlawful (see Supreme Court Decision 2005Da27188, Sept. 29, 2005, etc.).

4. Conclusion

Thus, the plaintiff's lawsuit of this case against the defendant Song 00 shall be dismissed, and the plaintiff's claim against the defendant Song 00 shall be dismissed. It is so decided as per Disposition.

Judges Kim Jong-soo

Dominants

Judges Lee Dong-sik