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(영문) 울산지방법원 2013.12.19 2012가합8501
소유권이전등기말소 등
Text

1. As to each real estate listed in the separate sheet:

A. Defendant C received on December 22, 2006 from the Ulsan District Court to Defendant B.

Reasons

1. The parties' assertion

A. (1) The Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from Defendant B, and completed the registration of ownership transfer in Defendant C pursuant to the title trust agreement concluded with Defendant C.

Since both the title trust agreement entered into between the Plaintiff and Defendant C and the ownership transfer registration accordingly are null and void, the Plaintiff’s registration procedure for cancellation of the ownership transfer registration in Defendant C’s name and the sales contract entered into between Defendant B and the Plaintiff is valid in lieu of Defendant B, thereby seeking the implementation of the registration procedure for ownership transfer of each real estate

(2) The money claimed by Defendant C that Defendant C lent to the Plaintiff is not a loan to jointly purchase the D Medical Foundation in racing and to contribute money.

B. Defendant B and Defendant C entered into a sales contract for each of the instant real estate with Defendant C, and the Plaintiff is merely a person who acting for Defendant C in the said sales contract.

It is caused by mistake that the Defendant’s signing and sealing on the sales confirmation (Evidence A 3-1) that the Defendant concluded a sales contract with the Plaintiff on each of the instant real estates.

C. From October 18, 2005 to December 6, 2006, Defendant C lent a total of KRW 520 million to the Plaintiff without the due date and urged the Plaintiff to repay the money on December 7, 2006.

Accordingly, the Plaintiff completed the registration of transfer of ownership in the name of the Defendant with respect to each of the instant real estate as security for the said loan, and the Defendant would have deferred the repayment instead of the tax and public charges incurred in each of the instant real estate and the expenses incurred in the registration of transfer of ownership, thereby having completed the registration of transfer of ownership with respect

Therefore, the Plaintiff’s completion of the registration of ownership transfer of each of the instant real estate purchased from Defendant B by the Defendant is until the Plaintiff repaid the total amount of KRW 520 million from the Defendant.

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