Transfer Registration of Ownership

Although the Defendant asserts that the real purchase price for the instant real estate held in title by a delinquent taxpayer is purchased, it cannot be recognized that the actual purchase price is paid, the Defendant must comply with the obligee’s subrogation right of the obligee.

Article 404 of the Civil Act

Daejeon High Court 2016-Annex-103198 ( January 24, 2018)

Each transfer registration shall be null and void in accordance with Article 4 (1) and (2) of the Real Estate Real Name Act.

① According to the letter of confirmation (Evidence 6) written by bb, bB recognizes the fact that the real estate listed in the separate sheet from cC is given as payment in kind by Defendant cC and the title trust was given to Defendant ee, Defendant execution, and Defendant cC, and the description of the explanatory note (Evidence 7 of A) such as the real estate transfer details written by Defendant cC also conforms to the above contents.

② Defendant e is the wife of bb, and Defendant L is the same as bb, and Defendant fff is the relative of bbb, and all the said Defendants are closely related to bb.

③ Deposit in the name of the Nonghyup Bank in the name of the title of property tax on each of the instant real estates

From the account (Evidence A 17) to Defendant e, Defendant execution, and Defendant Fff respectively.

According to the details of transactions in the bank account in the name of dddi, the details of remittance in the name of ddi benefits are discovered, while there are no cases in which money is withdrawn in the name of dddi. In fact, using the bank account in the name of dddi appears to be b, not ddi, but b.

④ Defendant e, Defendant execution, and Defendant fff acquired each real estate listed in the separate sheet and received a loan from a new bank (d2) or any interest on the loan.

I paid money from zzz, mar, mar, p, etc., which is a user's wife, as wired money from zz, marm, p, etc.

(ii) Claim for ownership transfer registration on the ground of title reinstatement.

A claim for ownership transfer registration for the restoration of the true name shall be made in front of the person himself/herself.

In this case, each change in real rights between Defendant CC and Defendant ee, Defendant execution of the procedure for the registration of ownership transfer on the ground of the restoration of real name may be claimed against Defendant 5, Defendant cC in sequence, and Defendant Fff, in lieu of seeking the cancellation of the registration (see Supreme Court Decision 2000Da24856, Mar. 28, 2003). As such, in this case, each change in real rights between Defendant cC and Defendant e, Defendant cC, and Defendant Fff is null and void, the Plaintiff may seek the implementation of the procedure for the registration of ownership transfer on the ground of the restoration of real name by subrogation of Defendant e, Defendant cC in sequence.

B. Determination as to the claim against Defendant CC

Pursuant to the above facts of recognition, bb is a list against Defendant CC.

In order to preserve its rights as a creditor of BB against insolvent, the Plaintiff may seek the implementation of the procedures for ownership transfer registration of each real estate listed in the separate sheet to BB against Defendant CC on behalf of BB in lieu of a creditor of BB against insolvent.

4. Conclusion

Therefore, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

Korea

aa

The ownership transfer registration (hereinafter referred to as "the ownership of each of the instant cases") in the e, Ri, orfff

The "registration of transfer of rights" was completed respectively.

E. BB does not have active property under its own name at the time of the closing of the instant argument.

[Reasons for Recognition]

○ Defendant C: Confession (Article 208(3)2 of the Civil Procedure Act)

○ The remaining Defendants: Facts without dispute; entries in Gap evidence 1 through 9, and 14 through 16 (including each number; hereinafter the same shall apply); the result of the response to the submission of taxation information to the head of the Taeduk-gu in this Court; the purport of the whole pleadings;

2. The parties' assertion

A. The plaintiff's assertion

bb Pursuant to the instant accord and satisfaction agreement, the ownership of each real property listed in the separate sheet is subject to

The title trust was held by Defendant ee, Defendant Fri, and Defendant Fff prior to receipt. Each of the instant cases

The registration of transfer of ownership is made in accordance with the Act on the Registration of Real Estate under Actual Titleholder's Name (hereinafter referred to as "Real Estate Real Name Act").

(c) is null and void in accordance with Article 4(2). Accordingly, in order to preserve a taxation claim against BB, the Plaintiff shall act in sequence on behalf of Defendant e, Defendant e, Defendant Ri, and Defendant c, in order.

Defendant CC with respect to each real property listed in the separate sheet to Fff, the cause for the restoration of the true name

of the title transfer registration procedure to be implemented by the Corporation, and to bB against the defendant c

(1) The execution of the registration procedure for ownership transfer due to the instant payment agreement shall be sought with respect to each real estate entered in the list.

B. The assertion by Defendant e, Defendant Ri, and Defendantfff

Each real estate listed in the separate sheet shall be justified by Defendant ee, Defendant Ri, and Defendant fff.

Since the purchase is not a nominal trust, the plaintiff cannot respond to the plaintiff's request.

3. Determination

A. Determination as to the claim against Defendant e, Defendant Ri, and Defendant fff

1) Act on the Registration of Real Estate under Actual Titleholder’s Name

Article 4 (Effect of Title Trust Agreement)

(1) A title trust agreement shall be invalidated.

(2) Any change in any real right to real estate made by registration under a title trust agreement shall be null and void: Provided, That the limit to acquire any real right to real estate shall be

In the drug, the same shall not apply where the title trustee becomes one of the parties and the other party did not know that the title trust agreement exists.

(3) No invalidation under paragraphs (1) and (2) shall be asserted against a third party.

1) Title trust relationship

In light of the following circumstances, the above recognition facts, Gap evidence Nos. 6, 7, 11, 12, 13, and 17, and Eul evidence Nos. 8 and the purport of the entire pleadings, bb shall obtain each real estate listed in the separate sheet from defendant CC in accord with payment in kind. However, as to the real estate listed in paragraph (1) of the attached list No. 1 of the registration of transfer of ownership, the real estate listed in paragraph (2) of the attached list No. 3 and paragraph (4) of the attached list No. 2 of the attached list are decided in the name of defendant FF. Thus, it would be harmful to the so-called three-party registered title trust, and the trust agreement and this agreement between bbb and defendant E, defendant cl and defendant fff and this.

July 19, 2018

August 16, 2018

1. Basic facts

A. BB is a person who engages in the wholesale and retail business of construction materials under the trade name of “hhhhhh,” and the unpaid value-added tax amount (i.e., unpaid value-added tax amount) KRW 160,647,930, including the additional tax as of August 1, 2017

151,647,870 Won + US

- 3-

Title holder of real estate listed in the attached list

(Defendant)

Registration (to file for registration with the Cheongju District Court)

Real estate of paragraph 1 (506) e (e) e (506) January 10, 2013, No. 912, Dec. 5, 2012

Paragraph (2) Real Estate (905) Dol 201. November 9, 2012, 34748, October 10, 2012

Paragraph 3 Real Estate (205)fff December 26, 2012, Receipt No. 40306, December 7, 2012

Paragraph 4 Real Estate (505)fff December 26, 2012, Receipt No. 40316, December 5, 2012

The global income tax amount of KRW 9,000,060 was unpaid.

B. The plaintiff is engaged in construction business under the name of U. S. S. S. S. D and D in the name of D and E. S.

Defendant CC Co., Ltd. (Co., Ltd., cC) on October 14, 2015

cc. hereinafter referred to as the "Defendant Ccc. cc.) subcontracted the remodeling work of the apartment in the 686 ground fri-ri, Eup, Eup, e.g., Chungcheong-gun.

C. On behalf of Defendant CC, on August 30, 2012, the unpaid construction cost is paid between D and D and D on behalf of D and D.

Of the instant building, an agreement was made to transfer the ownership of 35 units of the instant building to accord in kind, and to transfer part of the said 35 units of the said 35 units of the building, including each real estate listed in the attached list, to bB (hereinafter referred to as the “instant payment agreement”).

(d) With respect to each real property listed in the separate sheet, in Defendant CC as listed below and in the separate sheet: