(영문) 인천지방법원 2016.02.19 2015가합5305

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(영문) 인천지방법원 2016.02.19 2015가합5305

청구이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 18, 1987, the Plaintiff purchased 1382 square meters of land D in Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter “instant land before the instant partition”) by sharing the purchase price with the Defendant, and entered into an agreement with the Defendant to make the purchase and registration under the Plaintiff’s sole name (hereinafter “instant title trust agreement”).

The plaintiff purchased the above land under his own name from E on May 19, 1987 pursuant to the above agreement, and completed the registration of ownership transfer on the above land on May 20, 1987.

B. On June 26, 200 and January 16, 2013, part of the land before the instant subdivision was divided and transferred to Ulsan-gun F, Ulsan-gun.

On July 4, 2013, the Plaintiff donated 982 square meters of forest land D, Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter “instant land”) to his/her spouse G, and completed the registration of ownership transfer on the said land to G on July 10, 2013.

C. The Defendant filed a lawsuit against the Plaintiff and G for the cancellation of the registration of ownership transfer in the name of G and the registration of ownership transfer against the Defendant on the ground of the termination of title trust as the Ulsan District Court Decision 2014GaGa1676, but the said court rendered a judgment dismissing the Defendant’s lawsuit against G on April 24, 2015 on the ground that “the Plaintiff was entrusted by the Defendant with the ownership of 90/1382 shares out of the instant land, but the Defendant’s claim for return of unjust enrichment against the Plaintiff was extinguished due to the lapse of the prescription period stipulated in Article 162(1) of the Civil Act.”

The above judgment was finalized on May 15, 2015.

Article 1 The plaintiff approves that the defendant has a debt of KRW 600,000,00 according to the contract amount (the contract amount) pursuant to the sale of 300 square meters (the contract amount) among the land in this case indicated in the separate sheet of performance, among the land in this case as indicated in the separate sheet of performance, and makes an offer to repay it in accordance with the following provisions, and the defendant shall

참조조문

-민법 제162조 제1항

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