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(영문) 수원지방법원 2017.12.15 2016가합3495
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are children of D, the Defendant is a person in a de facto marital relationship with D, and D died on October 15, 2015.

B. On October 14, 1998, the registration of ownership transfer for E-owned land was completed in the name of G on September 17, 1998, and the registration of ownership transfer for E-owned land on June 3, 1997 with respect to H land (hereinafter “instant land”) in the name of G on May 6, 1997.

As to the land of this case, on January 16, 2002, the registration of transfer of ownership was completed on January 9, 2002 under the name of the defendant on January 16, 2002, and the registration of transfer of ownership was completed on March 8, 2016 under the name of I on April 22, 2016.

C. On April 14, 1997, the registration of ownership transfer was completed on March 20, 1997 with respect to the land and its ground buildings owned by the network D (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion D and E exchanged the instant land and the instant real estate, and the network D trusted the instant land to G.

After that, the deceased D transferred the land of this case to the defendant on the ground of trade in form without any substantial cause under the condition that the plaintiff B shall transfer the title when the defendant who was in a de facto marital relationship reaches the majority. However, the defendant disposed of the land above.

Therefore, the Defendant is obligated to pay the Plaintiffs, who are the deceased’s inheritors, to return each unjust enrichment, KRW 102,861,150 (=205,72,300 x 1/2) equivalent to the inheritance share out of KRW 205,722,30 (=205,72,300 x 1/2) and damages for delay.

B. Where the registration of ownership transfer is completed with respect to the judgment real estate, the nominal owner of the registration is not only a third party, but also a legitimate ground for registration against the former owner.

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