임치금반환 및 소유권이전등기 말소 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 17, 2009, Defendant C completed the registration of ownership transfer (the share for which the registration of ownership transfer has been made in the name of Defendant B is referred to as “instant share” and the registration of ownership transfer in Defendant B’s name is referred to as “registration of ownership transfer” among the land listed in paragraph (1) of the attached Table No. 1 of the attached Table No. 1 to the Plaintiff, the Plaintiff’s children, and Defendant B (hereinafter “instant land”).
B. On the ground of this case’s land as to the building listed in attached Table No. 2, the building listed in attached Table No. 2 (hereinafter “instant building”) was newly constructed, and on August 26, 201, the registration of ownership preservation in Defendant B’s name (hereinafter “the instant registration of ownership preservation”) was completed as the receipt of the Suwon District Court’s Yangyang District Court’s receipt of registration office on August 26, 201.
C. On May 1, 2012, a deposit account under Defendant B’s name was opened with a contract amount of KRW 153,473,380 (hereinafter “instant deposit”) and a deposit account of Korea Post (Account Number: E) with the maturity of May 1, 2013.
Defendant B terminated the said deposit contract on February 18, 2013, and then withdrawn the total of KRW 155,036,780 (hereinafter “the principal and interest of this case”) from the said deposit and interest thereon.
【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1, 2-1, 2-3, Eul evidence 1-2, and the purport of whole pleadings
2. Determination as to the claim on the instant land
A. Of the instant land, including the instant shares that are the primary cause of the Plaintiff’s claim, the shares for which the registration of ownership transfer has been made under D or Defendant B’s name is the portion made pursuant to a three-party title trust.
In other words, the Plaintiff purchased the instant land from Defendant C on July 17, 2009, entered into a title trust agreement with Defendant C and requested the Plaintiff to D and Defendant B.