소유권이전등기절차이행 등
1. The plaintiff's main claim and the conjunctive claim against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
1. Basic facts
A. The registration of ownership transfer was completed on October 29, 2003 in the name of E on May 21, 2003 with respect to each real estate listed in the separate sheet (1) and (2) (hereinafter “each of the instant real estate”).
B. E (hereinafter “the deceased”) died on September 2, 2016, and Defendant B, Defendant C, and D, who are the wife of the deceased, completed each registration of ownership transfer on October 17, 2016 as to each of the instant real estates on September 2, 2016 on the grounds of inheritance by consultation and division.
[Ground for recognition] Unsatisfy
2. Judgment on the main claim
A. The gist of the Plaintiff’s assertion was that the Plaintiff donated 1/3 shares of each of the instant real estate to the Plaintiff on August 10, 2016. As such, the Defendants who inherited the Deceased are liable to implement the registration procedure for ownership transfer with respect to 1/3 shares of each of the instant real estate.
B. The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the deceased donated 1/3 of the real estate of this case to the Plaintiff, and there is no other evidence to acknowledge this. The Plaintiff’s above assertion is without merit.
3. Judgment on the conjunctive claim
A. The gist of the Plaintiff’s assertion is that each of the instant real estate was received as payment in lieu of payment of the construction cost of the Ftel 120,000,000 won, which was constructed by the Plaintiff and the Deceased as his/her business. Since the Plaintiff held title trust with respect to one-half of the instant real estate, the ownership transfer registration was completed in the deceased’s sole name.
Therefore, without any legal cause, the Deceased acquired KRW 60 million equivalent to the Plaintiff’s share out of the construction cost in lieu of the purchase price of each real estate of this case.
However, since the Defendants inherited the deceased’s obligation to return the above KRW 60 million to the Plaintiff, the Defendants are obligated to pay the Plaintiff unjust enrichment amounting to KRW 20 million and delay damages.
(b) judgment;