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(영문) 인천지방법원 2019.01.09 2018가단229020
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a person who has been in an internal relationship with C for a long time, and the defendant is a person in a legal relationship with C.

B. On May 18, 1987, the Plaintiff and C concluded a title trust agreement with the content that the purchase and registration shall be made in the sole name of C, on the following occasions: (a) purchase of D forest land in Ulsan-gun, Ulsan-do (the area was the original 1382 square meters; (b) part of which was divided, and was 982 square meters in size; (c) around January 16, 2013; and (d) the purchase and registration shall be made in the sole name of C.

C Under the above agreement, on May 19, 1987, purchased a separate land under the sole name and completed the registration of ownership transfer on May 20, 1987.

C on July 4, 2013, the title transfer registration was completed on July 10, 2013 by donating the separate land to the Defendant.

C. On July 4, 2013, C entered into an agreement with the Defendant on the donation of the real estate (hereinafter “instant real estate”) indicated in the separate sheet (hereinafter “instant donation agreement”) and completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on July 5, 2013 by the Incheon District Court’s receipt under Article 67393.

On June 2014, the Plaintiff filed a lawsuit against C and the Defendant claiming for the registration of ownership transfer against C and the Plaintiff on the ground of the cancellation of title trust as unjust enrichment by the Ulsan District Court Decision 2014Da16776, which is unjust enrichment. The Plaintiff filed a lawsuit claiming “the cancellation of the Defendant’s registration of ownership transfer against the Plaintiff with respect to shares 90/1382 out of separate land” and “C’s registration of ownership transfer against the Plaintiff on shares 90/1382 out of separate

On April 24, 2015, the above court: ① “C” wholly acquired the ownership of shares in separate land after the lapse of the grace period stipulated in Article 11 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”); thereby unjust enrichment in relation to the Plaintiff; however, the Plaintiff’s right to claim for the transfer of ownership as part of the return of unjust enrichment for shares in separate land owned by the Plaintiff against C.

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