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(영문) 부산지방법원 2017.03.22 2015가합48217

부당이득금

Text

1. The Defendant’s KRW 44,500,000 and its amount shall be 5% per annum from November 17, 2015 to March 22, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet No. 1 (hereinafter “instant apartment”) was owned C. On April 3, 2009, the registration of transfer of ownership in the Defendant’s name (hereinafter “the registration of transfer of ownership”) was completed as stated in the purport of claim on the grounds of sale on April 3, 2009.

B. The real estate listed in the separate sheet No. 2 (hereinafter “instant land”) was owned D, and the registration of ownership transfer in the Defendant’s name was completed as stated in the purport of the purchase and sale on June 21, 2013 due to the purchase and sale as of June 18, 2013 (hereinafter “second ownership transfer registration”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. The primary claim is to purchase the apartment of this case and the land of this case (hereinafter “each real estate of this case”) from each seller, decide to each title trust to the Defendant, who is the mother of E, the actual owner of the Plaintiff, and complete the registration of ownership transfer under the name of the Defendant.

Each of the above title trusts between the Plaintiff and the Defendant is a title trust registered as an intermediate omission type. 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”), each of the above title trust agreements and the registration of ownership transfer are null and void. As such, in subrogation of the seller of each of the instant real estate, the Defendant, who is the title trustee, sought cancellation of the title transfer registration.

B. If the purchase price of the apartment of this case and the land of this case are not the plaintiff, the plaintiff and the defendant establish each contract title trust relationship between the plaintiff and the defendant with respect to the apartment of this case and the land of this case. Thus, the defendant is a return of unjust enrichment to the plaintiff (=the purchase price of this case 327,00,000 won for the land of this case) and the purchase price of this case 44,50,000 won for each purchase price for the land of this case at the complaint 66,500.