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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On December 18, 2001, the Plaintiff registered as an employee and operated the inspection under the name D in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant inspection”). From around 2002, the Defendant was in charge of the financial affairs of the instant inspection.
B. On June 2005, the Plaintiff paid KRW 10,000,000 to E, who is the previous owner on June 2005, and held a title trust in the future of the Defendant at the time of acquisition of the land, the Plaintiff paid KRW 182,00,000.
C. Since then, Form G of Ulsan-gun, Ulsan-gun, which was owned by F with the money collected by the believers of the instant temple, and Form 3 of the attached Table
2. On the instant temple, F’s new inspection was conducted in accordance with F’s new inspection’s proposal and F’s proposal, which is the believers of the instant inspection, and F’s type H and type trees, and entered into a sales contract as to the instant real estate at H’s house. The purchase fund was also borne by the Plaintiff or the inspector, etc., and the ownership of the said real estate was subsequently held in title trust in the future of the Defendant around November 2007. D. The Plaintiff is liable for each real estate listed in the attached list (hereinafter “each of the instant real estate”).
The title trust contract with the defendant as to this issue is terminated.
Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer of each real estate of this case on the ground of termination of title trust to the Plaintiff.
E. In addition, the defendant of this case
2. to 5.The plaintiff shall be liable for damages of 58,00,000 won, the maximum debt amount of the right to collateral security established on immovable property.
2. Determination
A. 1) The Plaintiff had been operating the instant inspection from Ulsandong-gu C to around 2001. 2) On May 14, 2001, the ownership transfer registration was completed in the future E on the real estate of this case, and on June 24, 2005, the ownership transfer registration was completed in the future of the Defendant.
3 The case F ownership of the F
2. On November 6, 2007, the registration of ownership transfer has been completed for the real estate.
4) The F and H’s wife F and F are the believers of the instant inspection. [No. 1 and No. 2 of the evidence No. 2 of the grounds for recognition.