부당이득금반환
1. All part of the instant lawsuit against Defendant B is dismissed.
2. The Plaintiff’s claim against Defendant C.
1. Of the instant lawsuit, the determination on the part on the part on which Defendant B seeks to cancel the registration of transfer of ownership No. 1 in this case
A. Basic facts 1) From 2001 to September 201, the Plaintiff maintained a de facto marital relationship with Defendant B. Around September 201, Defendant B commenced and went separately from the Plaintiff, and the de facto marital relationship between the Plaintiff and Defendant B was terminated. (2) In around 2003, the Plaintiff entered into a contract to purchase the instant real estate No. 1 and the building F, the same as the instant real estate, from D with KRW 110 million.
D on July 30, 2004, the Plaintiff drafted a receipt that received KRW 55 million in the purchase price of the above F F. < Amended by Presidential Decree No. 18747, Jul. 30, 2004>
On April 20, 2005, the Plaintiff concluded a contract to purchase only KRW 55 million with D only the real estate of this case.
3) After that, Defendant B entered into a contract to purchase the instant real estate with D on September 25, 2006, and completed the registration of the first ownership transfer of the instant real estate based on the said contract. On the same day, Defendant B borrowed from G Cooperatives the amount of KRW 10 million out of the funds to purchase the instant real estate 1, and set up a right to collateral security of KRW 13 million in the future to secure this. [The grounds for appeal Nos. 1, 2, and 1, 2, and 1,3 million in the amount of the maximum debt, and the purport of the entire pleadings, as a whole.
B. The Plaintiff asserted that the Plaintiff purchased real estate No. 1 from D and completed the registration of ownership transfer of this case in accordance with the title trust agreement with Defendant B.
The title trust agreement and the registration of title transfer No. 1 pursuant thereto are null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, while the sales contract between the seller and the title truster still remains valid. Therefore, in order to preserve the seller’s right to claim for ownership transfer registration, the Plaintiff, a title truster, is null and void against Defendant B, a title trustee, in subrogation of