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1. The plaintiff's main claim is dismissed.
2. The Defendant’s KRW 50,000,000 and its relation to the Plaintiff from January 9, 2014.
Reasons
1. Basic facts
A. The ownership was owned D, but on May 28, 2009, the ownership transfer registration was made on the ground of sale to the Plaintiff on May 28, 2009.
B. (1) On May 28, 2009, the total area of 4 lots, including (2) Goyang-gu E 89 square meters in Gyeyang-gu in Gyeyang-gu, Doyang-gu, Doll F 705 square meters in 【G forest 622 square meters, and Doz 291 square meters in H forest 291 square meters (hereinafter “C land” in the above paragraph (a) and “E or H et al. al.” were owned by I, but the ownership transfer registration for each of the instant forests was completed on the grounds of each transaction to the Plaintiff.
C. As to each forest of this case for which the registration of ownership transfer has been made under the Plaintiff’s name, the registration of the establishment of a mortgage was completed on May 28, 2009, with the maximum debt amount of 10,000,000 won for the debtor, the debtor, the debtor, and the mortgagee, and the maximum debt amount of 60,000,000 won for May 28, 2009, and the debtor, the debtor, and the mortgagee K (the later mortgage was transferred to L) respectively.
With respect to each forest of this case, the procedure for the auction of real estate rent M&D (hereinafter “instant auction procedure”) was conducted with respect to the Jan Government District Court, and the distribution schedule, which included the contents that the Plaintiff received dividends in KRW 10,000,000, L, 100,000,000, and KRW 292,319,213, became final and conclusive through a lawsuit of demurrer against distribution, etc.
【Ground for Recognition: Facts without dispute, entries in Gap evidence 2 and 8 (including branch numbers, if any) and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The Defendant, around the Plaintiff, purchased each of the instant forests from DI, and (a) concluded a title trust agreement with DI to register the ownership transfer in the name of the Plaintiff (a title trust agreement with the intermediate omission type), and agreed to bear all the taxes imposed on each of the said forests in the process.
The delinquent tax imposed on each forest above exceeds 60 million won, and part of which is 50,000,000 won and damages for delay shall be claimed.
Preliminary.