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(영문) 부산고등법원 2016.11.09 2016나52104

소유권이전등기

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1. Based on the claims added at the trial, the Defendants each amounting to KRW 210 million on August 2016, 2016 to the Plaintiff.

Reasons

1. The Plaintiff, on July 9, 2004, purchased each land listed in the separate sheet from co-defendant G of the first instance trial (hereinafter “instant land”) from his own funds, on the ground of I, who is his wife, and completed the registration of ownership transfer for the instant land under the name of I on July 12, 2004, according to the title trust agreement with I.

I died on May 30, 2014, and the heir is the Defendants, who are children.

[Reasons for Recognition] Each entry of Gap 1 through 7, the purport of the whole pleadings

2. According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), where the title truster entered into a contract title trust agreement with the owner who was not aware that the title trustee was a party to the contract and completed the registration of ownership transfer of the pertinent real estate in accordance with the said contract, the title trustee would acquire the full ownership of the pertinent real estate notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee, and the title trustee would only bear the obligation to return unjust enrichment against the title truster.

In this case, if the contract title trust agreement is after the enforcement of the Real Estate Real Name Act, the title truster could not acquire the ownership of the pertinent real estate from the beginning. Therefore, the damages suffered by the title truster due to the invalidation of the above contract title trust agreement are the purchase fund provided to the title trustee rather than the pertinent real estate itself. Therefore, the title trustee is deemed to have unjust enrichment of the amount equivalent to the purchase fund

(See Supreme Court Decision 2002Da66922 delivered on January 28, 2005, etc.). The Plaintiff in this case raises objection to I.