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(영문) 부산지방법원 2017.05.31 2016가단6961
지분이전등기말소등
Text

1. Defendant C is due to the return of unjust enrichment with respect to 5/14 shares of each real estate listed in the separate sheet.

Reasons

1. Factual basis

A. On October 18, 191, the Plaintiff, Defendant B, and D purchased shares according to the ratio of the purchase price that the Plaintiff bears with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) around October 18, 1991, at the expense of KRW 30 million,00,000, KRW 10,000, and KRW 30,000,000, and KRW 30,000, and the title of ownership on the registration was agreed to be in the future of Defendant C, which is the birth of D.

Accordingly, the registration of ownership transfer was completed on October 29, 191 and on March 29, 193 on the real estate listed in the attached list Nos. 1 and 2, and on the real estate listed in No. 3, the registration of ownership transfer was completed in Defendant C through E.

Around March 1993, the Plaintiff acquired 3/7 shares of D out of the instant real estate in lieu of paying the existing debt amount to D.

B. As Defendant C acquired the ownership of another real estate, the Plaintiff and Defendant C demanded to transfer the registration title of the instant real estate. The Plaintiff and Defendant B completed the registration of ownership transfer for each of 1/2 shares on November 27, 1998.

C. The plaintiff and the defendant B are the siblings.

[Based on recognition] B between the plaintiff and the defendant C: The fact that there is no dispute between the plaintiff of the confession made by the defendant C and the defendant B; the statement from No. 1-2 to No. 2-2; the purport of the whole pleadings

2. The Plaintiff’s assertion against Defendant C, that the registration of transfer of ownership in Defendant C was made through a contract title trust, and the period has passed without completing the real name registration within the grace period under the Act on the Registration of Real Estate under Actual Titleholder’s Name. As such, Defendant C acquired the ownership of real estate. Since the Plaintiff did not receive a refund of real estate equivalent to 5/14 shares, Defendant C is obligated to perform the registration procedure for transfer of ownership as to the above 5/

Next, with respect to Defendant B, the Plaintiff acquired 3/7 shares of D and received total of 6/7 shares, but the instant real estate is owned by Defendant B.

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