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1. The Defendant’s agreement on the return of 2,120 square meters to the Plaintiff on January 20, 2015 is based on the agreement for the return of 2,120 square meters to the Plaintiff.
Reasons
1. Basic facts
A. As to the land Nos. 1, 2, and 3 of this case, from the F on May 22, 1975, the transfer registration for each ownership was completed on May 19, 1975 in the deceased G, and each ownership transfer registration was completed on June 23, 1987 in the deceased HH on April 23, 1991; and on December 24, 2002, each ownership transfer registration was completed on August 26, 2002 by consultation and division on August 26, 2002.
B. The children of the net G are the deceased H, the deceased H's wife is the defendant, the I, the plaintiff's wife, is the deceased G's father, and the deceased H's children are the children of the network H.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, 10, 11 (including additional numbers), the purport of the whole pleadings
2. Judgment on the primary cause of the claim
A. 1) The Plaintiff’s assertion 1) concluded a title trust agreement with the deceased G on 1975, and purchased land Nos. 1, 2, and 3 in the name of deceased G and transferred the ownership registration under the name of deceased G. The status of the title trustee was succeeded in the order of the deceased H and the Defendant. The above title trust agreement was null and void under the Act on the Registration of Real Estate under Actual Titleholder’s Name. The Defendant, as a return of unjust enrichment, has a duty to complete the registration of ownership transfer of land Nos. 1, 2, and 3 in the future of the Plaintiff. 2) The Defendant’s assertion and G, network H, and the Defendant did not have a title trust agreement, even if there was a title trust agreement, the Plaintiff’s claim
B. Where the title trustee acquired the title of ownership of real estate in accordance with the title trust agreement before the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), the title truster would have terminated the title trust agreement and acquired the ownership of the relevant real estate at any time before the grace period under Article 11 of the said Act expires after the enforcement of the said Act.