부당이득반환
1. The main part of the lawsuit in this case shall be dismissed.
2. The Plaintiff’s conjunctive claim against the Defendants is all satisfied.
1. Basic facts
A. On April 26, 2011, the Plaintiff, who was an owner of 17,535 square meters of forest land E, Cheongdo-gun, Cheongdo-gun (hereinafter “Duri”) (hereinafter “instant real estate”), entered into an agreement with F and G to transfer only the instant real estate name to the Defendants and H in the future (hereinafter “instant agreement”). The Plaintiff completed the registration of ownership transfer to Defendant B on shares 27240/58860 of the instant real estate, shares 22190/58860 of the instant real estate, and shares 22190/5860 of the instant real estate, and shares H on shares 9430/58660 of the instant real estate.
B. The instant real estate was subject to complicated processes, such as partial sale of shares, division of land, partition of co-owned property, etc. by the Defendants and H. ① Defendant B owned KRW 1,79 square meters of forest land, J forest land 325 square meters of land, ② Defendant C owned KRW 2,853 square meters of forest land, KRW 366 square meters of forest land, ③ H owned KRW 1,326 square meters of forest land, KRW 1,025 square meters of forest land, 1,025 square meters of N forest, KRW 86 square meters of forest, ④ 302 square meters of O forest, ④ 34710/58860, KRW 4,031 square meters of land in R forest, ④ 24150/5860, ⑤ 25830/5860, KRW 3760, 3030/5860 of forest land in U forest land, and ⑤ 1,653 square meters of forest land.
(hereinafter above) The real estate stated in paragraphs (1) through (3) refers to “X real estate” (hereinafter referred to as “X real estate”).
As the instant agreement against the Defendants and H is null and void under a title trust agreement, the Plaintiff sought procedures for the registration of ownership transfer on the part (X real estate) remaining in the name of the Defendants and H among the instant real estate, and filed a lawsuit claiming the purchase price with the Daegu District Court 2013Gahap11946.
In the above litigation process, the decision of recommending reconciliation was finalized to the effect that “the Defendant and H shall implement the procedure for ownership transfer registration based on the restoration of real name regarding X real estate to the Plaintiff.”
On the other hand, the Plaintiff, F, G, Defendants, and H were indicted of violating the Act on the Registration of Real Estate under Actual Titleholder’s Name. F, G in collusion with the Plaintiff, and the Defendants and H. according to the title trust agreement.