손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The basic facts were completed with respect to the first floor of reinforced concrete structure C, reinforced concrete structure underground, and the seventh floor accommodation and detached houses (hereinafter “instant cartel”) in Busan East-gu, Busan District Court’s registration on July 30, 2007, Busan District Court’s provisional registration on July 31, 2007, the provisional registration on ownership transfer claim No. 44214, the provisional registration on November 5, 2007, and the ownership transfer registration on November 5, 2007, respectively. < Amended by Presidential Decree No. 20219, Nov. 5, 2007>
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion and judgment
A. A. The summary of the parties’ assertion 1) The Plaintiff: (a) entrusted the name of the contract to the Defendant and made a sales contract with the seller who did not know about the title trust as the buyer; and (b) on November 5, 2007, the ownership transfer registration was made in the name of the actual right holder; and (c) the Defendant acquired the ownership of the above her mother in accordance with the proviso of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name. Accordingly, the Defendant is obligated to refund the Plaintiff, a title truster, the amount equivalent to the acquisition cost, acquisition tax, registration tax, etc. paid by the Plaintiff to the Plaintiff as unjust enrichment; and (d) all of the expenses amounted to KRW 478,498,480 (= KRW 410,000,000 and registration tax, etc. for the establishment of the ownership transfer and mortgage (the preparatory document of August 16, 2018). Accordingly, the Plaintiff’s claim against the Plaintiff and the Defendant’s claim for payment of unjust enrichment from the Plaintiff.