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Reasons
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(영문) 대구지방법원포항지원 2019.02.12 2018가합10932
소유권이전등기
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1. The defendant shall be the plaintiff.

A. As to the land listed in paragraph 2 of the attached list, it is based on unjust enrichment return.

Reasons

1. Basic facts

A. The relationship between the parties, etc. 1) and the Defendant is between the Plaintiff and the father. 2) The Plaintiff, from around 1995 to March 2016, managed the Defendant’s property, such as his/her own real estate and deposit, and paid the Defendant benefits, including the cost thereof.

3) On March 30, 2016, the Defendant retired from office the date of managing the Plaintiff’s property, and was serving in C as from April 1, 2016. B. As to each of the instant lands, on December 8, 1995, on the instant land No. 1, the ownership transfer registration under the Defendant’s name was made on April 24, 1995.

2) On March 21, 1995, on the land of this case No. 2, a transfer registration under the name of the defendant was filed on February 16, 1995 on the land of this case for sale and purchase on July 14, 1995. 3) On July 14, 1995, on the land of this case No. 3, a transfer registration under the name of the defendant was filed on July 11, 1995.

C. Loans, etc. with each of the instant lands Nos. 1 and 2 secured by the Defendant (hereinafter “D”) on February 17, 2014 (hereinafter “D”).

3) As to each of the instant lands, for which the registration of ownership transfer was completed under one’s own name, the maximum debt amount of KRW 338,00,000,000, and the debtor, the defendant, the mortgagee, and the mortgagee, set up the right to collateral security, and was loaned KRW 260,000,000 from D on the 19th of the same month (hereinafter “the instant first loan”).

(2) On June 23, 2016, the Defendant fully repaid the principal and interest of the instant loan to D. On the same day (hereinafter referred to as “E”), and set up a superficies with a maximum debt amount of KRW 624,00,000, Defendant, the mortgagee, and the mortgagee E-mortgage for a period of 30 years, with the collateral security as well as a superficies with a maximum debt amount of KRW 624,00,000,000, and with a view to the same year.

9. A loan of 480,000,000 won in aggregate from E;

(hereinafter “instant Second Loan”) D.

On April 12, 2016, the plaintiff is the defendant of the Daegu District Court branch on April 12, 2016.

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