(영문) 인천지방법원 2014.08.01 2013가합1910

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(영문) 인천지방법원 2014.08.01 2013가합1910

부당이득금반환

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. As to the unit E building Nos. 604 to 607, 701 to 707 (hereinafter “the instant real estate”), the sales contract was concluded between N and the Defendant to sell the unit price of KRW 1,081,249,550 under the name of F and the Defendant (i.e., the remainder of KRW 881,249,50,000 (=the remainder of KRW 200 million, the remainder of KRW 881,249,50, and the remainder shall be paid at the time of completion). The down payment was paid 200 million on the same day.

B. As to the instant real estate, on November 30, 2001, the transfer registration of ownership was made in the F and the Defendant’s name each 1/2 shares.

C. G (hereinafter “the deceased”) died on August 29, 2012, and his heir was the Plaintiff C and B, who are the spouse, and the Defendant is the birth of the deceased.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence (including paper numbers; hereinafter the same shall apply), Gap 28 evidence, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. While the deceased alleged in the plaintiffs' assertion was operating the International Institute of Research in the Incheon Hdong, he purchased the real estate in the name of the deceased with the investment of 40 million won or 200 million won in order to additionally open the part of the I Institute of Research in Ansan. According to the title trust agreement between the deceased and the defendant, the ownership transfer registration was made in the name of the defendant as to the share of 1/2 of the real estate in accordance with the title trust agreement between the deceased and the defendant. Despite the invalidity of the Act on the Registration of Real Estate under the Actual Titleholder's Name, the defendant, the title trustee, acquired the ownership of the real estate, and the defendant is obligated to return the amount equivalent to the purchase fund of the real estate in this case provided by the deceased to the title truster, and on October 2003, the defendant sold 603 through 607 of the real estate in this case, and thus, the sale price of the real estate in this case was made in KRW 1,081,249,50.

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-부동산 실권리자명의 등기에 관한 법률

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