소유권이전등기
1. The Defendant’s KRW 78,660,150 as well as the Plaintiff’s annual rate of 5% from July 15, 2014 to December 12, 2014, and the following.
1. Basic facts
A. The Defendant completed the registration of ownership transfer in his/her name between August 19, 2013 and February 7, 2014 after the successful bid of real estate listed in the separate sheet.
B. Meanwhile, the Plaintiff entered into a title trust agreement with the Defendant with respect to the successful bid of the real estate listed in the attached list, and each of the following purchase-related costs and acquisition costs (acquisition tax, registration tax, and certified judicial scrivener fees) were borne by the Defendant.
Attached Table 1 22,932,00 won 63,360 won 1,667,790 won in attached Table 245,247,67,790 won in attached Table 35,680,000 won in attached Table 122,932,00 won in acquisition cost of real estate purchase and the purport of the whole pleadings, each entry in attached Table 42,50,000 won in attached Table 35,680,000 won in attached Table 122,932,00 won in addition to the cost of acquiring real estate purchase, and the purport of the whole pleadings
2. The assertion and judgment
A. In a real estate auction procedure to determine the cause of a claim where a permit for sale was granted pursuant to an agreement with another person to obtain a permit for sale in the name of the other person upon the person’s own burden of the purchase price, the person holding the position of purchaser in the auction procedure is the title holder, and thus, the title holder acquires the ownership of real estate for auction purpose regardless of who is the person who actually bears the purchase price. In this case, a title trust relationship is established between the person who bears the purchase price and the person who lends the name, and the title trustee bears the duty to return unjust enrichment to
On the other hand, unjust gains that a title trustee should return to a title truster shall include acquisition costs, such as acquisition tax and registration tax, which the title trustee received from the title truster for the registration of ownership transfer, except in extenuating circumstances.
(see, e.g., Supreme Court Decision 2007Da90432, Oct. 14, 2010). Therefore, the Defendant, barring any special circumstance, deemed the Plaintiff as the above basic facts.