beta
(영문) 서울중앙지방법원 2017.03.30 2016가합562019

소유권확인

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and Defendant B were the siblings with their parents D and E, and the Defendant Social Welfare Foundation C (hereinafter “Defendant Foundation”) was the public interest foundation established by D around 1980 and appointed as the president of the Defendant Foundation on February 25, 2002.

This shall be the representative director.

B. The Plaintiff was donated from D on July 10, 1987 the Yongsan-gu Seoul Metropolitan Government 189.4 square meters and H 49.6 square meters, and completed the registration of ownership transfer on July 13, 1987. The Defendant B donated the 162.3 square meters from E on July 10, 1987, and completed the registration of ownership transfer on July 13, 1987.

(C) The sum of each of the above lands is “the instant land.”

On March 27, 1990, the Plaintiff and Defendant B entered into a partnership agreement under which they will engage in real estate leasing business on the land I and G (hereinafter “instant partnership agreement”). D.

After that, the Plaintiff and Defendant B newly constructed the building on the ground of the instant land (hereinafter referred to as the “instant building”) and completed registration of preservation of ownership as to each of 1/2 shares of the instant building on January 29, 192.

E. On July 13, 2010, Defendant B donated 1/2 of the instant building to Defendant Foundation, and completed the registration of ownership transfer on July 26, 2010 to Defendant Foundation.

F. The Defendant Foundation filed a lawsuit against the Plaintiff seeking restitution of unjust enrichment against the Seoul Central District Court 2013Gahap47540, Jun. 21, 2013, when the Plaintiff solely owned lease proceeds from the instant building while taking full charge of the management and lease business of the instant building even after it acquired its ownership, and the Seoul Central District Court rendered a judgment on February 12, 2014, that “the Plaintiff shall pay to the Defendant Foundation the money equivalent to 1/2 of the lease proceeds accrued from the instant building and the delay damages therefrom,” from July 26, 2010 to December 31, 2012.

The plaintiff appealed as Seoul High Court 2014Na17161.