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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The deceased C (Death on April 25, 2017) is the former owner of the real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”) and his/her south is D and C, the Plaintiff.
D The E fraud is F.
B. The deceased C completed the registration of ownership transfer on March 7, 2012 due to the sale on March 6, 2012 with respect to the instant real estate, and the Defendant completed the registration of ownership transfer on November 3, 2015 with respect to F on February 1, 2016.
C. Provisional registration of the F’s name with respect to the instant real estate was cancelled on August 22, 2017 due to the cancellation on August 24, 2017.
2. Summary of the plaintiff's assertion
A. D or E planned to acquire the instant real estate owned by it by deceiving the network C, and conspired with the Defendant.
B. Although D did not borrow money from the Defendant, as if D had a debt owed to D’s Defendant, it belonged to the network C, and had the network C transfer the ownership of the instant real estate to the Defendant by payment in substitutes.
C. The Defendant, after completing the registration of transfer of ownership under the name of the Defendant with respect to the instant real estate, took part in the tort, such as D, so that title trust may be held for D.
The deceased C suffered damage equivalent to KRW 120 million at the market price by acquiring the instant real estate by deception due to D, etc. and the Defendant’s tort, and the Plaintiff succeeded to KRW 1/3 of the damage claim against the Defendant by the deceased C. As such, the Defendant is obligated to pay the Plaintiff KRW 120 million out of KRW 120 million.
3. Each of the statements in Gap evidence Nos. 1 through 7 (including each of the numbers) and some of Eul evidence Nos. 1 through 10 and Eul evidence Nos. 1 through 10, witness E's testimony, part of the witness E's testimony, the Daejeon District Court's registration division of the Daejeon District Court, the fact inquiry results of the certified judicial scrivener G, and the results of the request for the submission of tax information to the head of Dongnam-gu in Yan-si.