logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2018.09.06 2018가합8752
부당이득금
Text

1. The plaintiff A's lawsuit shall be dismissed.

2. The plaintiff B's claim is dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer has been completed in the name of Co., Ltd. (hereinafter “E”) with respect to the land of 5,653 square meters in Pyeongtaek-si D-si (hereinafter “the instant real estate before the instant partition”). However, on June 4, 2008, the registration of ownership transfer was completed in the name of the Defendant under the receipt of No. 27753, which was located in Pyeongtaek-si District Court, on June 4, 2008. On July 16, 2010, the instant real estate was divided into D Forest land 2,827 square meters, F Forest land 1,413 square meters, G forest land 1,413 square meters, and forest land 1,413 square meters (hereinafter “each of the instant real estate”).

B. The plaintiffs purchased the real estate of this case from the plaintiffs and the defendant, and completed the registration of ownership transfer under the name of the defendant, with three title trust agreements as to the purchase of the real estate of this case by the plaintiffs and the defendant. The defendant divided the real estate of this case before the division of this case into the real estate of Pyeongtaek-si 1,413 square meters, G forest 1,413 square meters, and did not perform the duty of registration of ownership transfer. The defendant sought implementation of the procedure of registration of ownership transfer according to the division even if the title trust agreement is null and void in the first place, and the defendant sought implementation of the procedure of registration of ownership transfer pursuant to the division even if the title trust agreement is null and void in the second first place, and the contract between the plaintiffs and E is valid under the name of the defendant according to the third party title trust agreement. Thus, the defendant sought the procedure of cancellation of registration of ownership transfer among the registration of ownership transfer under the name of the defendant and filed a lawsuit against E (hereinafter "the previous lawsuit of this case").

C. On October 13, 2016, Suwon District Court dismissed Plaintiff A’s primary claim and the secondary preliminary claim on October 13, 2016 on the ground of the violation of the Sub-committee agreement.

arrow