부당이득반환 등의 소
1. An annexed list among the Plaintiff’s claims against Defendant B
4. Part concerning the request for ownership transfer registration concerning the stated real estate; and
1. An annexed list among the claims against Defendant B;
4. The health unit ex officio as to the claim for the ownership transfer registration of the real estate indicated in the statement, and the plaintiff shall list the defendant B with attached Form C.
4. Although the procedure for the registration of ownership transfer is sought for the cancellation of title trust with respect to the stated real estate, according to the Gap evidence No. 4-2, C shall list April 8, 1982.
4. Since the registration of ownership transfer with respect to the stated real estate can be recognized as having been entered in the register even until now, this part of the lawsuit is unlawful as there is no benefit to be sought by lawsuit.
2. Determination as to the claim against Defendant A and the remainder of the claim against Defendant B
A. (1) The cause of the claim against Defendant A) C is a list in the name of Defendant A, who is an infant, while he bears the purchase fund in the compulsory auction procedure of the Incheon District Court D real estate on December 20, 207.
2. The above real estate was sold and completed the registration of ownership transfer under Defendant A’s name on the same day, and each of the above real estate was nominal trust to Defendant A.
B) Since the above title trust is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, Defendant A is obligated to return the purchase fund by unjust enrichment to Defendant C, and as such, the Plaintiff is in excess of his/her current obligation, and the Plaintiff is subrogated to exercise C’s claim for return of unjust enrichment against Defendant A as a creditor. Thus, Defendant A is obligated to pay the Plaintiff KRW 100 million equivalent to the purchase fund. (2) Defendant B’s claim against Defendant B is obligated to pay the Plaintiff KRW 100 million. (3) On August 26, 2003, Incheon District Court E in the course of voluntary auction of real estate in which
5. The above real estate was sold, and on September 4, 2003, registered in title to Defendant B by completing the registration of ownership transfer under Defendant B’s name.
B. Since C is currently in excess of its obligations, the Plaintiff is against C.