beta
(영문) 서울중앙지방법원 2018.11.29 2017가합571225

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant case

A. C Co., Ltd. (hereinafter “C”) and E- 2.4 billion won investment 1) C Co., Ltd. (hereinafter “C”)

(D) around 2003, D Borrowing in Mapo-gu Seoul Metropolitan Government F (hereinafter referred to as “D”) only

2) E invested 1 billion won on August 5, 2003 and 140 billion won on November 7, 2003 to newly construct D buildings, respectively.

B. On January 15, 2004, C made a provisional registration and principal registration of D building 1) on January 15, 2004, with respect to D building G, H, I, I, and J, at the same time the registration of ownership transfer was completed under its name; with respect to D building Ga, with respect to the provisional registration of the right to claim ownership transfer in its name; with respect to D building H, with respect to the provisional registration of the right to claim ownership transfer in its name; with respect to D building H, with respect to the provisional registration of the right to claim ownership transfer in its name; with respect to D building I, with respect to the provisional registration of the right to claim ownership transfer in its name against L, the provisional registration of the right to claim ownership transfer in its name was completed on November 8, 2016; and the Plaintiff completed the registration of ownership transfer in its name based on the provisional registration of the right to claim ownership transfer on October 19, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff entered into a provisional registration title trust agreement with the Defendant upon paying KRW 500 million to the Defendant for KRW 1/2 of the portion of D building H-2 via E, and accordingly, the provisional registration was completed under the name of the Defendant. The above provisional registration title trust agreement is null and void. At the time the provisional registration of D building H was completed, C was unaware of the above provisional registration title trust agreement under the name of the Defendant, and C was not aware of the above provisional registration title trust agreement under the name of the actual owner of the real estate (hereinafter “Real Estate Real Name Act”).