beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 18, 2009, Korea C&T Co., Ltd. received a favorable judgment from the above Seoul Central District Court that “the Defendant shall pay to the Plaintiff the amount calculated at the rate of 18.15% per annum from June 9, 2009 to the date of full payment for KRW 66,116,540, as to KRW 68,384,573 and its 66,116,540 from the above court.”
B. On January 2, 2015, the Plaintiff acquired a claim under the above judgment against C&C Bank B.
C. The defendant is the spouse B.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The plaintiff's assertion and its determination
A. On October 20, 2005, the plaintiff's assertion entered into a sales contract with the non-party C on 10 Dong 603, Gangnam-gu Seoul Metropolitan Government D apartment 10 (hereinafter "the real estate No. 1 of this case") and completed the registration of transfer of ownership in the name of the defendant on October 24, 2005. On May 25, 2009, the defendant entered into a sales contract with the non-party E on 2 Dong 105, Yeongdeungpo-gu Seoul Metropolitan Government F apartment 2 (hereinafter "the real estate No. 2 of this case"), and the same year.
6. Upon completion of the registration of transfer of ownership under the name of the defendant on 16. 16. The defendant's husband at the time of the conclusion of the sales contract for the real estate Nos. 1 and 2 of this case entered into a contract title trust agreement with the defendant on the real estate Nos. 1 and 2 of this case with the defendant in order to avoid the creditor's compulsory execution, and each purchase fund was provided. The defendant, the title trustee, is obligated to return 50 million won as part of the claim for the transfer money against the plaintiff Eul within the scope of the amount equivalent to the purchase
B. The evidence submitted by the Plaintiff alone is insufficient to recognize that there was a contract title trust agreement on the real estate Nos. 1 and 2 in this case between the Defendant and B.