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(영문) 춘천지방법원속초지원 2017.08.08 2016가단300379
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 27, 2014, Plaintiff A entered into a contract with the Korea Rural Community Corporation for the purchase of land for D 1788 square meters (hereinafter “instant land for factory”) in terms of the purchase price of KRW 237,120,800 between the Seocho-si, Seoul Rural Community Corporation and the Korea Rural Community Corporation (hereinafter “the instant land for factory”). On December 18, 2014, Plaintiff A completed the registration of creation of a collateral security (hereinafter “mortgage”) with Plaintiff A, the maximum debt amount of KRW 228,360,00 for the Defendant and the Nong Bank Co., Ltd. at the same time on December 18, 2014.

B. On June 22, 2015, the Defendant completed the registration of transfer of ownership on the instant land for factory on the ground of sale, and on July 21, 2015, the Defendant completed the registration of change of the right to collateral security by changing the debtor of the instant right to collateral security as the defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 3, fact-finding with respect to the director of the Korea Rural Community Corporation and Yong-North Korea branch of this court, the purport of the whole arguments and arguments

2. Judgment on the main claim

A. Plaintiff A’s assertion entered into a title trust agreement with the Defendant on the ground of the land for factory in this case with a view to obtaining a loan of funds to build a new factory in the name of the Defendant, and entered into a title trust agreement with the Defendant to reserve the ownership of the land for factory in this case to the Plaintiff A, and to entrust only the registration title to the Defendant (hereinafter “instant title trust agreement”), and completed the registration of ownership transfer on the land for factory in this case

However, in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, the title trust agreement in this case and any change in real rights pursuant thereto are null and void. Thus, the defendant is obligated to cancel the registration of transfer of ownership in the name of the defendant on the land for factory

B. In light of the statements in the evidence Nos. 1 through 13 and testimony, etc. of witnesses E, fishery products processing plants are newly constructed on the ground of the factory site in this case and they are in the form of a corporation.

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