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(영문) 서울중앙지방법원 2015.07.14 2013가단313080
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 27, 1995, the Plaintiff and C purchased approximately KRW 1/2 of the F, 1,791 square meters (5,693 square meters; hereinafter “pre-division land”) in Ansan-si, the purchase price of KRW 12,89 million from D. The Plaintiff and C purchased KRW 1/2 of the purchase price.

B. At that time, the Plaintiff and C entered into a title trust agreement with the Defendant to register the land purchased from D prior to subdivision in the name of the Defendant. On January 9, 1997, on the part of the land prior to subdivision, D and the Defendant completed the registration of ownership transfer (the land prior to subdivision was registered as co-owners) under the name of the Defendant. After that, on June 30, 1999, the Defendant and D divided the land prior to subdivision, and on July 16, 1999, the ownership transfer registration was completed under the name of the Defendant on July 16, 199 with respect to the land prior to subdivision (hereinafter “instant land”).

C. On June 5, 2004, the Defendant sold the instant land to G in KRW 195 million, and completed the registration of ownership transfer in G’s name on July 2, 2004.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, witness C's testimony, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Part 1/2 of the instant land is the Plaintiff’s investment in KRW 10 million out of the purchase fund.

(2) As the Defendant, a title trustee, arbitrarily disposed of the Plaintiff’s shares out of the instant land to G and the transfer of ownership is completed in the name of G, G acquired the ownership of the instant land.

Accordingly, the Plaintiff, a title truster, suffered losses due to the loss of the Plaintiff’s right to claim ownership transfer registration of the Plaintiff’s share out of the instant land against the seller D, while the Defendant, a title trustee, obtained profits from acquiring KRW 82,338,750 (the amount obtained by deducting KRW 15,161,250 from the disposal price of the instant land 1/2,97.5 million from the disposal price of the Plaintiff’s share) out of the instant land.

Therefore, the defendant is therefore 82,38.

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