부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The registration of ownership transfer was made from the Republic of Korea with respect to the land of 5,025 square meters in Sacheon-si Co., Ltd. (hereinafter “the instant land”). However, the registration of ownership transfer was completed on February 1, 1974 in the Plaintiff’s name on the ground of sale as of February 1, 1974.
B. The Defendant completed the registration of ownership transfer as the receipt of No. 28558 on August 13, 1981 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate, which was enforced as of August 13, 1981 (hereinafter “Special Measures Act”).
C. On November 23, 2016, the Defendant sold the instant land to E in KRW 524,000,000. On November 23, 2016, the registration for transfer of ownership in the name of E was completed as the receipt No. 33880 on December 30, 2016 with respect to the instant land on the grounds of sale as of November 23, 2016.
[Reasons for Recognition] Unsatisfy, Evidence No. 1-2, Evidence No. 3-1, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff’s assertion 1) On February 1, 1974, the Plaintiff purchased the instant land from Sacheon City F and G, and completed the registration of ownership transfer. At that time, the Plaintiff, his father, and H, had his father manage each of the instant land. The Defendant, his mother, who was the Plaintiff’s mother, was a farmer in each of the instant land, and the Plaintiff received rice and miscellaneous, etc. annually from the Defendant as rent for each of the instant land. 2) Although the Defendant did not purchase the instant land from the Plaintiff, it sold the instant real estate to E by means of preparing and submitting a false certificate of guarantee as if the purchase was made on October 5, 1974.
The registration of transfer of ownership in the name of the defendant with respect to the land of this case shall be deemed null and void, and the defendant sold the land of this case to E and received it to the plaintiff.