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(영문) 서울서부지방법원 2021.01.14 2020나47011
소유권이전등기
Text

1. The plaintiff's claim that is changed in exchange from the trial is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an influent C’s father, and the Defendant is disadvantageous to C’s “maternal” and was in accordance with C as her mother.

B. On September 22, 2011, the Plaintiff completed the registration of transfer of ownership on the real estate listed in the separate sheet (hereinafter “instant real estate”) on the grounds of sale and purchase, and received loans in KRW 75 million from the E association as collateral for the instant real estate.

(c)

On April 21, 2015, after completing the registration of transfer of ownership on the ground of sale on April 14, 2015, the Defendant repaid the loan specified in the above Paragraph (b) and completed the registration of transfer of ownership on the real estate of this case, the Defendant completed the registration of transfer of ownership on the ground of trust (the first priority beneficiary L Cooperatives) to K Co., Ltd.

On March 27, 2019, the defendant completed the registration of the transfer of ownership on the ground of the attribution of trust property, and completed the registration of the creation of the right to collateral with the maximum amount of 68,40,000 won to L Union.

【Ground of recognition】 The description of evidence Nos. 2 and 7 and the purport of the whole pleadings

2. The Plaintiff asserted that the obligees entered into a trust agreement with the Defendant in the name of the Defendant to avoid compulsory execution against the instant real estate, and completed the registration of the transfer of ownership to the Defendant regarding the instant real estate.

Since the above title trust agreement and ownership transfer registration are null and void, the defendant is obligated to implement the registration procedure for ownership transfer transfer registration for the real estate in this case to the plaintiff.

3. The judgment is based on the nominal trust that the Plaintiff paid KRW 373,00 to the Defendant monthly amounting to KRW 373,00 ( KRW 80,000,000,000 that was loaned from L union as collateral) in the name of C from June 2015 to November 2018.

In full view of the purport of the entire arguments in Eul evidence No. 5, C was living in the real estate of this case before and after acquiring the ownership of the real estate of this case, C transferred KRW 373,00 to the defendant before and after June 21, 2015, and the defendant transferred the amount of KRW 373,000 to the defendant, respectively, from June 201 to November 2018.

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