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(영문) 서울동부지방법원 2016.01.20 2015가합105191
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff filed a lawsuit against B Co., Ltd. (registration number C, B) and B’s representative director D, and the Plaintiff’s claim for reimbursement on June 5, 2003, with Seoul District Court Decision 2002Da326042, “B, D, etc. shall be 283,751,313 won and 225,841,051 won per annum from April 9, 1998 to August 31, 1998; 20% per annum from the following day to December 31, 1998; 198% per annum from the following day to 20.3% per annum from the next day to the day of complete payment; 20% per annum from the next day to 20.38% per annum; 39% per annum from the next day to the day of complete payment; 198% per annum from the next day to 20.39% per annum; and 209% per annum from the next day to 198.4.5% per annum.

(2) On August 2, 2013, the Defendant acquired the ownership of the instant real estate. On the other hand, the Defendant and E, who are D’s children, were awarded a successful bid for each of the instant real estate 1/2 shares among the instant real estate in the auction procedure to exercise the security right under Article 902 of the Seoul Gangdong-gu Seoul Metropolitan Government F Building Act (hereinafter “instant real estate”). On May 3, 2005, the Defendant was entirely transferred E’s shares on December 14, 201.

【In the absence of dispute, the entries in Gap's evidence Nos. 1 and 2 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings are asserted as the plaintiff D, who concluded a title trust agreement with the defendant, who is his child, for the real estate of this case and provided the successful bid price to the defendant and E, the defendant completed the registration of ownership transfer in the name of the defendant and E, and the defendant transferred E shares

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