부당이득금
1. All of the claims for nullification of a sales contract and ownership transfer registration in the lawsuit of this case shall be dismissed.
2. The plaintiff.
1. Basic facts
A. The registration of ownership transfer (hereinafter “registration of this case”) based on the sale contract (hereinafter “the instant sale contract”) dated April 30, 2007 with respect to the real estate listed in the attached list (hereinafter “the instant real estate”) was completed from the Defendant to the Incheon District Court No. 52648, Jun. 14, 2007.
B. C is the Plaintiff’s birth, and D is the Plaintiff’s wife.
C A creditor E Co., Ltd. (hereinafter “E”) filed a lawsuit seeking the cancellation of provisional registration of the right to claim ownership transfer registration, which was completed in the future D on June 18, 2007, with the Incheon District Court 2012Kadan209338, and won the lawsuit on April 17, 2013, and D was dissatisfied with the appeal, etc. but became final and conclusive as it was.
In the above lawsuit, the court held that “The instant sales contract was concluded by making the purchaser C according to the title trust agreement between A and C, and the title trust relationship with respect to the instant real estate constitutes a contract title trust. There is no evidence to deem that B, at the time of the conclusion of the instant sales contract, was aware of the fact that the said title trust agreement was concluded between A and C, and in the end, C in this case acquired the ownership of the instant real estate effectively.”
C. C filed a lawsuit against the Defendant, such as cancellation of ownership transfer registration, etc., and lost on May 18, 2017 (the dismissal of the Plaintiff’s claim) by filing a lawsuit against the Defendant, and the Incheon District Court Decision 2017Na58802 (the appellate court’s appeal following C’s appeal) lost (the dismissal of the claim for confirmation of invalidity of the purchase and sale contract and the ownership transfer registration, and the remainder of the claim). The above appellate judgment was dismissed by the Supreme Court, and the appeal by C became final and conclusive.
The main contents of the above appellate judgment are as follows:
C Contents of the decision of the court in the summary of the argument is that the registration of this case should be cancelled due to the following reasons.