Text
1. On May 3, 1999, the defendant received from the plaintiffs, as to the buildings listed in the attached list, Suwon District Court.
Reasons
1. Basic facts
A. Plaintiff B is the wife of the network D, and Plaintiff A is the child between Plaintiff B and the network D.
The defendant is a child between the net D's leakage and the net F's husband.
B. On April 29, 199, the registration of ownership transfer was completed on March 27, 199 with respect to the building listed in the separate sheet (hereinafter “instant building”) owned by G, and on May 3, 199, the registration of ownership transfer was completed on March 27, 199 under the name of the network D, and on May 3, 199, the registration of creation of a neighboring mortgage listed in paragraph (1) of this case (hereinafter “registration of creation”) was completed on April 30, 199 by the Defendant’s name as to the maximum amount of claims arising from the contract to establish a contract on April 30, 199.
C. After that, the inheritance by consultation and division on August 16, 2006, and the final judgment on April 1, 201, Plaintiff B 7/9 shares, and Plaintiff A shares 2/9 shares, and the ownership transfer registration was completed as Plaintiff A shares 2/9 shares.
【Based on Recognition】 1-3 Evidence, 1-2 and 2
2. Determination
A. The gist of the Plaintiff’s assertion 1) The registration of the establishment of the instant mortgage has to be cancelled since the cause is null and void or ten years have elapsed since the secured debt was established due to the lack of the secured debt. 2) The Defendant: (a) the Defendant: (b) purchased the instant building from G to assist the Plaintiff’s residence unstable; and (c) made it possible for the Defendant to live in the network D future by purchasing the instant building from G to live.
However, in order to prevent the network D from arbitrarily disposing of the instant building or establishing security, the Defendant’s right to collateral security was established in the future.
Thus, the secured debt of the establishment registration of the neighboring mortgage of this case is the claim for return of unjust enrichment of 60 million won, which is equivalent to the purchase fund.
B. Determination 1) Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”)
According to the above, in the case of the so-called three-party registered title trust, the title trust agreement and its results.