손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1∽11호증의 각 기재, 변론 전체의 취지 피고는 원고의 형이다.
From October 1, 1998, the Plaintiff owned C/C factory site 2,405 square meters (hereinafter “instant land”) and buildings on the said land in Silung-si located within the land transaction permission zone from October 1, 1998. On July 7, 2005, the Plaintiff sold the instant land and buildings on the said land to D, but D did not obtain land transaction permission.
On July 29, 2005, the Plaintiff completed the registration of ownership transfer for the instant land and its ground buildings under the name of the Defendant on the same day gift.
Around 206, the above building was extended or newly constructed, and the defendant completed the registration of ownership transfer made on March 23, 2007 to D on March 5, 2007 with respect to the share of 530.71/536.08 of the above building.
D has completed the registration of transfer of ownership on August 28, 2008 with respect to the shares in its own name (530.71/536) among the above buildings E.
F acquired the ownership of the instant land around February 2010 in the commencement procedure of voluntary auction G auction in the Suwon District Court for the instant land and the buildings before its ground extension.
On August 17, 2009, F filed a claim against the Defendant and D for the cancellation of the ownership transfer registration in the name of the Defendant and D (this court 2009Gahap6681) regarding the instant building. ② On September 7, 2010, F filed a claim for the transfer registration of shares in the name of E (this court 2010Gadan34685) regarding the instant building against E, and ③ on June 14, 201, against the Defendant and E for the claim for return of unjust enrichment due to the use of the instant land owned by the instant building (this court 201Gahap4510).
The plaintiff's effect of a title trust agreement with regard to the above building against the defendant and D and any change in real rights made by the registration under the agreement is null and void by Article 4 of the Act on the Registration of Real Estate under Actual Titleholder's Name.