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(영문) 대전지방법원천안지원 2015.09.11 2014가합4548
부당이득반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the claim against the defendant B

A. The plaintiff's assertion has a claim amounting to KRW 170,00,000 against E, and E lends KRW 160,000 to the defendant Eul and G (E)'s husband and wife. Since E is in excess of its current obligation, the defendant is obligated to pay the above loan amounting to KRW 160,000,000 and delay damages to the plaintiff who exercises the right of subrogation.

(State Claim) If E donates the above KRW 160,00,000 to Defendant B, etc., this constitutes a fraudulent act committed with knowledge that it would prejudice the obligee, and thus, the Plaintiff’s said gift contract is revoked by exercising the obligee’s right of revocation.

Therefore, Defendant B, a beneficiary, is obligated to pay the Plaintiff the above KRW 160,000,000 and the delay damages.

(Preliminary Claim). (b)

Judgment

Since there is no evidence to prove that E provided the defendant B with KRW 160,000,00,000, it cannot be recognized that E donated or lent the above money to the defendant B.

Therefore, the plaintiff's primary and conjunctive claims against the defendant B are without merit without any need to examine other requirements.

2. Determination as to the claim against Defendant C and D

A. The Plaintiff’s assertion E, as a title truster, concluded a lease contract on the instant real estate owned by Defendant C and D on the ground that he/she was the trustee, and Defendant C and D were well aware of the fact of title trust, and thus, the said lease contract is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name.

Therefore, Defendant C and D are liable to implement the procedure for the registration of the establishment of chonsegwon on the instant real estate on behalf of the title truster.

B. The term “title trust agreement” that is invalidated under the Act on the Registration of Real Estate under Actual Titleholder’s Name means a person who holds, or intends to acquire, the ownership or other real rights to real estate (hereinafter “real rights to real estate”) (hereinafter “actual right holder”).

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