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(영문) 서울북부지방법원 2015.05.06 2014가합21315
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 13, 2011, the Plaintiff, operating a kitchen delivery business with the trade name “D”, supplied 18 sets of kitchen households with the price of 68,400,000,000 to C Co., Ltd. (hereinafter “C”), but did not receive KRW 47,317,780 out of the price.

B. On December 23, 2011, the registration of ownership transfer was completed in the future on the real estate listed in the separate sheet (hereinafter “instant apartment”), and on the same day, the registration of ownership transfer was completed in the future on the land trust company for the reason of the trust.

C. Around November 11, 2012, Defendant B, a representative director of C, purchased the instant apartment from E with the purchase price of KRW 290 million, and on the ground that the said apartment was reverted to trust property on December 10, 2012, Defendant B again completed the registration of ownership transfer for the instant apartment under Defendant B’s name on the same day on November 11, 2012.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6-1, Gap evidence Nos. 2, 3, 4, 7, Eul evidence Nos. 1 and 6, Eul's testimony, and the purport of the whole pleadings

2. The Plaintiff’s assertion G was awarded a contract for the construction of a new apartment on the H ground to PPC Co., Ltd. (hereinafter “Defendant Company”), and the Defendant Company subcontracted the new construction work to PPP Co., Ltd.

The Defendant Company repaid the instant apartment in lieu of the payment of the construction price, and the transfer of ownership was registered in the name of Defendant B, the representative director of which is the Plaintiff, rather than C. This constitutes a three-party registered title trust, and thus, the registration of transfer of ownership in Defendant B’s name is null and void pursuant to the main sentence of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’

Therefore, the title truster C has the right to claim the transfer of ownership based on payment in kind against the defendant company, and the defendant company is represented by the defendant company to preserve it.

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