(영문) 수원지방법원 2018.01.18 2016나77070

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(영문) 수원지방법원 2018.01.18 2016나77070

부당이득반환

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 3:

Since the mid-1980s, F maintained de facto marital relations with the Plaintiff and died on August 3, 2015.

(hereinafter referred to as “the network F”). B.

Meanwhile, between G on February 4, 2004 and G, the Deceased concluded a sales contract with the content that he would purchase KRW 170,000,000 of the price of KRW 658 square meters prior to H of Gyeonggi-gun (hereinafter “instant real estate”). On April 12, 2004, the Deceased completed the registration of ownership transfer on the instant real estate under the name of the Deceased on April 12, 2004.

C. The Defendants, as brothers and sisters of the Deceased, died as above, become co-inheritors of the Deceased, and completed the registration of ownership transfer by inheritance on August 3, 2015 under the Defendants’ name with respect to each of 1/4 shares of the instant real estate on August 25, 2015.

2. Judgment on the plaintiff's assertion

A. The summary of the Plaintiff’s assertion is that the Plaintiff purchased the instant real estate from G on February 4, 2004 in KRW 170,000,000 from G, and the buyer is entrusted to the deceased who was in a de facto marital relationship. The Plaintiff concluded a sales contract with G and the deceased who was unaware of the title trust agreement between the Plaintiff and the deceased as the deceased, and completed the registration of ownership transfer in the name of the deceased.

The title trust on the instant real estate between the Plaintiff and the Deceased is a contract title trust made after the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name. The registration of ownership transfer, which was completed in the name of the Deceased, on the instant real estate, is valid. Accordingly, the Deceased made unjust enrichment equivalent to KRW 170,00,000, which is the purchase price of the instant real estate. Therefore, the Plaintiff is obligated to return it to the Plaintiff. The Defendants are co

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