Suwon District Court 201 Gohap3784 ( November 24, 2011)

In a creditor subrogation lawsuit, the right of the creditor against the debtor is not recognized, so illegal.

(1) The plaintiff's clan does not have the right to file a claim for the registration of ownership transfer for the termination of title trust with the clan members. Therefore, on the premise that the clan members have claims against the clan members, the lawsuit seeking the cancellation of the registration of ownership transfer and the declaration of consent for the portion exceeding the clan members' shares is unlawful.

2012Na473 Registration of transfer of ownership, etc.

XX

ProfessorO et al. and 16 others

Suwon District Court Decision 201Gahap3784 Decided November 24, 2011

May 25, 2012

June 27, 2012

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

1. Purport of claim

A. The primary purport of the claim

The principal defendant (hereinafter referred to as the "defendant") shall implement the registration procedure for ownership transfer on the ground of termination of title trust on the date of service of the complaint of this case with respect to the shares in each of the items listed in the attached Table 1 attached hereto to the plaintiff as the principal defendant (hereinafter referred to as the "defendant"). The defendant, the defendant, the HaB, the HaB, and the HaFF shall pay to the plaintiff the amount of KRW 00 per annum, the amount of KRW 00 per annum, the amount of KRW 00 per annum, the amount of KRW 00 per annum, the amount of KRW 50 per annum, the amount of KRW 00 per annum, the amount of KRW 10 per annum, the amount of KRW 10 per annum, the amount of KRW 10 per annum, the amount of KRW 10 per annum, the amount of KRW 10 per annum, the amount of KRW 20 per annum, the amount of the last delivery of the complaint of this case,

B. Preliminary purport of claim

피고 임AA, 임BB은 피고 임CC, 임DD, 임EE에게 별지 제2지분목록 기재 1항의 부동산의 각 1/4 지분 중 같은 항 기재 피고 임AA, 임BB의 지분을 초과하는 지분에 관하여 의정부지방법원 포천등기소 2006. 1. 3. 접수 제317호로 마친 소유권이전등기의, 별지 제2지분목록 기재 2 내지 4항의 각 부동산의 각 1/6 지분 중 같은 항 기재 피고 임AA, 임BB의 지분을 초과하는 지분에 관하여 같은 등기소 2006. 1. 3. 접수 제000호로 마친 각 소유권이전등기의, 피고 임AA은 피고 임BB, 임CC, 임DD, 임EE에게 별지 제2지분목록 기재 7항 부동산의 1/4 지분 중 같은 항 기재 피고 임AA의 지분을 초과하는 지분에 관하여 같은 등기소 2008. 12. 3. 접수 제00000호로 마친 소유권이전등기의, 피고 임FF는 피고 왕LL, 예비적 피고(이하 '피고'라 한다) 임MM, 임NN, 임OO, 임PP, 임QQ에게 별지 제2지분목록 기재 1항 부통산의 1/2 지분 중 같은 항 기재 피고 임FF의 지분을 초과하는 지분에 관하여, 별지 제2지분목 록 기재 2 내지 4항 각 부동산의 각 1/3지분 중 같은 항 기재 피고 임FF의 지분을 초과하는 지분에 관하여 같은 등기소 2007. 3. 21. 접수 제00000호로 마친 각 소유권 이전등기의, 별지 제2지분목록 기재 7항 부동산의 1/4 지분 중 같은 항 기재 피고 임 FF의 지분을 초과하는 지분에 관하여 같은 등기소 2007. 3. 21. 접수 제00000호로 마친 소유권이전등기의 각 말소등기절차를 이행하라.

Defendant Republic of Korea has expressed his/her intent to accept the procedure for registration of cancellation of each transfer of ownership as to the portion exceeding the above Defendant’s share in the real estate shares listed in attached Form 2’s Schedule of Shares No. 1 through 4 in the name of Defendant FF, and the real estate shares listed in attached Form 2’s Schedule of Shares No. 4 in the name of Defendant FF, as to the procedure for registration of cancellation of each transfer of ownership in excess of the above Defendant

The remaining Defendants except Defendant Republic of Korea and ER shall implement the registration procedure for ownership transfer on the ground of termination of title trust on the date of service of the complaint in this case with respect to each of their own shares among the real estate listed in the separate sheet No. 2 attached hereto to the Plaintiff.

The Plaintiff shall pay the amount of KRW 00 per annum to the Plaintiff, KRW 000 per annum to the Defendant, KRW 000 per annum to the day on which the final delivery of the complaint of this case is to be completed, and KRW 20 per annum to the day on which the final delivery of the complaint of this case is to be completed. The amount of KRW 00 per cent per annum to the Plaintiff and KRW 00 per annum to the day on which the final payment is to be made.

1. cite of the reasons for the written judgment in the first instance;

The reasoning for this Court regarding this case is that the reasoning for this Court is the same as the reasoning for the judgment of the court of first instance, except as follows. Thus, this Court shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

▣ 고쳐쓰는부분

O Of the grounds for the judgment of the first instance court, the phrase "written evidence Nos. 15-2, A No. 16, and 17" shall be added to the evidence No. 15-2, A. 16, and 17.

O The 11th part of the 2nd part of the 11st page "call-to-day" is called "to-day election at a full value".

O 14 pages 16, "A evidence 1, 3-1, and 12 through 14," added to "A evidence 12-14," of heading 16.

O The following of the 14th 17th 18th 17 and the 18th 18th 18th "the fact that the real estate of this case was stated in the funeral expenses of the plaintiff's clan 1, 2, and 5" added "the real estate of this case is equipped with a x 16 years old-old 16 years old-old x, O, 18 years old-old son's O, O, 19 years old-old son's 17 years old-old son's son."

O Of the 15 pages 1 and 2, the part of the written statement (including Defendant FF also included in Defendant FF) as of September 15, 2009 is as follows: “Defendant Chn also written confirmation of June 5, 2009 (Evidence A No. 14), and written confirmation of September 15, 2009 (Evidence A No. 4-2, including Defendant FF also included).”

O Each part of the evidence of evidence Nos. 4, 12, 13, 15, 16, and 17 (including each number) in the 15th, 14, and 15th of the reasoning of the judgment of the first instance is "each part of the evidence Nos. 19, 20, 4, 12, 13, 15, 16, 17 (including each number)".

2. Conclusion

The judgment of the court of first instance is justified, and all appeals by the plaintiff against the defendants are dismissed.