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(영문) 광주지방법원장흥지원 2017.11.08 2017가단3100
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to the share of 264/5,898 square meters in 5,898 square meters in 264/5, 1,666 square meters in D 1,66 square meters in E, 3,090 square meters in G field, 568 square meters in G field, 3,378 square meters in H field (hereinafter “each land of this case”) owned by the Plaintiff, the registration of ownership transfer was completed on March 5, 2002 in the Defendant’s name on the ground of sale as of February 27, 2002.

B. As to the land size of 1,646 square meters in Hanjin-gun, Jeonjin-gun, the Plaintiff owned, JJ 1,855 square meters, K 2,777 square meters, L 1,742 square meters, and M 746 square meters in the name of the Korea Agricultural and Rural Infrastructure Corporation as of February 28, 2002, each of which was based on the sale as of February 28, 2002, the registration of ownership transfer was completed on March 30, 2002, and the registration of ownership transfer was completed in the Defendant’s name as of March 15, 202.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to 11, and purport of the whole pleadings

2. The summary of the Plaintiff’s assertion did not have sold each of the lands of this case to the Defendant, and even if a sales contract for each of the lands of this case was concluded with the Defendant, it is null and void due to the Plaintiff’s pathmbling, rash, and inexperienceless experience. As such, the registration of ownership transfer completed in the name of the Defendant as to each of the lands of this case is null and void, and the Defendant seeks cancellation of ownership transfer registration and return of unjust enrichment, such as

3. Determination

A. If the registration of transfer of ownership has been completed, not only the third party but also the former owner is presumed to have acquired ownership by legitimate grounds for registration. Thus, in order for the plaintiff to deny this and to seek the cancellation of the registration of transfer of ownership by claiming the invalidation of the grounds for registration, the plaintiff is responsible to assert and prove the facts constituting the grounds for invalidation.

(See Supreme Court Decision 2009Da105215 Decided March 13, 2014). B.

In light of the above legal principles, the evidence submitted by the Plaintiff alone is in the name of the Defendant as to each of the instant land.

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