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(영문) 울산지방법원 2015.02.11 2014가단56224

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against B on October 27, 2009 with the purport that “B shall pay to the Plaintiff KRW 206,715,862 and its delay damages” was finalized by the Busan District Court Decision 2009Da59707, Busan District Court.

B. On February 15, 1994, the Defendant, who is the wife B, completed the registration of ownership transfer based on inheritance by consultation and division on December 31, 1989.

C. On August 21, 2013, the Defendant completed registration of ownership preservation in its name regarding the instant building constructed on the instant land.

[Reasons for Recognition] Unsatisfy, Gap 1-3 evidence (including virtual number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) B constructed the instant building with his own funds. A title trust agreement with the Defendant on the instant building was concluded, and the Defendant had the Defendant complete registration of ownership preservation in its name. 2) The Plaintiff terminated the said title trust agreement by subrogationing B, who is an insolvent.

3. Therefore, the defendant is obligated to implement the registration procedure for ownership transfer on the building in this case to B for the restoration of real name.

B. As a result of the fact-finding conducted with the head of Ulsan Metropolitan City, the Minister of Land, Infrastructure and Transport, and the Minister of National Court Administration, it is insufficient to recognize that B constructed the instant building with its own funds as a result of the order to submit financial transaction information on the Young Life Insurance Co., Ltd., and that the Defendant entered into a title trust agreement on the instant building with the Defendant and caused the Defendant to complete registration of preservation of ownership in its name

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.