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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Plaintiff
The summary of the argument is that the defendant, on March 8, 2006, completed the registration of ownership transfer for the reasons of sale on February 10, 2006 as to the land listed in the [Attachment 1] List on March 8, 2006 (hereinafter “instant land”). However, the instant land was actually purchased by the network E, and it was title trust to the defendant who was in a de facto marital relationship at the time.
Since a title trust agreement between the network E and the defendant is null and void, the defendant is obligated to return the amount of KRW 50 million received from the network E with purchase funds, etc. to the plaintiffs, who are the successors of the network E, as unjust enrichment.
Furthermore, since the building listed in the [Attachment 2] List 2, which was newly constructed on the part of the land of this case (hereinafter referred to as "the building of this case") was held in title by the network E, the defendant is obligated to implement the procedure for the registration of transfer of ownership based on the restoration of the real name
Judgment
Since a person registered as an owner of a real estate is presumed to have acquired the ownership through legitimate procedures and causes, the fact that the registration is based on the title trust has the burden of proof for the claimant.
(See Supreme Court Decision 2007Da90883 Decided April 24, 2008). Each of the statements in Gap evidence Nos. 1 through 10 alone is insufficient to recognize the fact that the land and buildings of this case were nominal trust to the defendant, as alleged by the plaintiffs, and there is no other evidence to acknowledge it.
Therefore, the plaintiffs' claim of this case premised on the fact that the land and the building of this case are nominal trust to the defendant is without merit to further examine the remainder.
In conclusion, the plaintiffs' claims of this case are all dismissed as it is without merit. It is so decided as per Disposition.