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(영문) 전주지방법원 2011.09.08 2011가단2861
부당이득금반환
Text

1. The Defendant’s KRW 44,00,000 as well as the annual rate of KRW 5% from February 9, 201 to September 8, 201, respectively, to the Plaintiff.

Reasons

In accordance with the above agreement, the Plaintiff and C jointly purchased real estate, and agreed to jointly purchase the purchaser’s name as the co-living partner of C, and upon entering into a sales agreement with D on October 18, 2007, the Plaintiff and C to purchase KRW 82,00,000 for the fifth floor of the fifth floor of the Gangseo-gu Seoul Metropolitan Government E Multi-household Housing (hereinafter “instant building”) from D on October 18, 2007, the sales agreement was entered into with the purchaser. On December 6, 2007, the Seoul Southern District Court's Gangseo-gu registry office of the Seoul Southern District Court was completed on December 79581, 207, the transfer registration under the Defendant’s name was completed. The Plaintiff transferred the down payment KRW 7,00,000 from the above sales price to G through payment of KRW 27,00,000,000 among the remainder of the intermediate payment, and each of the Plaintiff and the seller was aware of the purport of the title trust agreement between D1 and the above.

According to the above facts of recognition, it is reasonable to deem that the title trust agreement between the Plaintiff, C, and the Defendant entered into between the Plaintiff, and C as the title truster, and the Defendant as the title trustee. The above title trust agreement is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and insofar as D, the seller of the instant building, was unaware of the fact that the title trust agreement existed, the Defendant acquired ownership of the instant building pursuant to the proviso to

Therefore, the Defendant, the title trustee, is obligated to refund the purchase fund of KRW 44,000,000, and damages for delay, paid by the Plaintiff, the title truster, as unjust enrichment.

Therefore, the defendant's 44,00,000 won and the plaintiff's purchase fund from February 9, 201, which is the day following the delivery date of a copy of the complaint of this case.

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