logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.06.15 2016가단140572
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff filed a claim for reimbursement against B with the original Chuncheon District Court Decision 2007Ra11896, which decided on January 21, 2008 that "B shall pay to the plaintiff 27,91,921 won and the amount equivalent to 19% per annum from October 6, 2005 to December 2, 2007, and 20% per annum from the next day to the day of full payment." The plaintiff filed a claim for reimbursement with the Seoul Central Court 2008Ra83200, and on May 16, 2008, "B shall receive 80,000,000 won from the above court to the plaintiff, and from October 29, 2005 to December 28, 2005, it shall be paid with each of the above decisions by the next day to the day of full payment."

B. On May 11, 2003, the Defendant entered into a sales contract for the instant real estate with B, setting the sales price of KRW 210 million, and completed the registration of ownership transfer on June 25, 2003.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2; Gap evidence Nos. 1, 2, 4; Eul evidence No. 2; the purport of the whole pleadings

2. The Plaintiff’s assertion B embezzled not less than KRW 1 billion while working for the Hansung Life Insurance Co., Ltd. at the time of the Defendant’s purchase of the instant real estate. The said real estate purchase price has a possibility of being procured from the above embezzlement. Even if not, the Defendant and B acquired the said real estate as a husband and wife for a couple’s community life. Thus, at least 1/2 shares should be deemed as the Defendant’s title trust and completing the registration of ownership transfer in the name of the Defendant.

Therefore, the Plaintiff, as a creditor of B, terminated the title trust agreement between B and the Defendant by serving a copy of the instant complaint on behalf of B, who is insolvent, and made the Defendant a ground for termination of title trust with respect to one-half share of the said real estate.

arrow