logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2018.08.08 2017가단122824
부당이득금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 20, 1997, the registration of transfer of ownership was completed in the name of Dong C on November 27, 1997 with respect to each real estate listed in the separate sheet Nos. 1 to 8 owned by the plaintiff, and the registration of transfer of ownership was completed on November 16, 2006 with respect to each real estate listed in the separate sheet Nos. 9 and 10 of the same list as of November 16, 2006.

(hereinafter collectively referred to as “each of the instant real estate”). (b)

With respect to each real estate listed in the separate list Nos. 2 through 6 among the real estate of this case, the deceased completed the registration of ownership transfer to the State on February 26, 1999 due to the acquisition through consultation on January 30, 199, and was paid KRW 23,268,500 as compensation on February 5, 199.

C. On June 5, 2011, the Deceased died, and the Defendant, who is the deceased’s children, completed the registration of ownership transfer on June 12, 201, based on a consultation and division as to each real estate listed in the separate sheet Nos. 1, 9, and 10.

On August 14, 2014, the Defendant completed the registration of the establishment of a mortgage to D Co., Ltd. on August 14, 2014, with regard to the real estate listed in paragraph (9) of the attached list, which was KRW 36,00,000, and the registration of the establishment of a mortgage to change the maximum debt amount to KRW 57,60,000 on October 6, 2014, which was changed to the maximum debt amount to KRW 57,60,000. On October 5, 2015, the registration of the establishment of a mortgage was completed with regard to the real estate listed in paragraph (10) of the attached list as the debtor, the defendant

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The registration of transfer of ownership completed under the name of the deceased as to each of the instant real estate asserted by the Plaintiff is based on the title trust agreement between the Plaintiff and the deceased, and is invalid in accordance with the Act on the Registration under the name of

Therefore, the registration of ownership transfer of each real estate of this case is completed based on the registration of the deceased whose cause is null and void.

arrow