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(영문) 인천지방법원 2018.11.14 2018가단219320
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 30, 1974 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership transfer was completed on July 26, 1985 as the cause of registration on November 26, 1985. On January 16, 1986, the promise to trade was completed on February 18, 1986 by designating the Plaintiff and four other right holders as the cause of registration and the registration of the right to claim ownership transfer was completed.

B. M: (a) died on October 2, 2010, the Defendants inherited the instant real estate according to the statutory share of inheritance (15/105 in the case of Defendant B, the spouse of the network N, Defendant D6/105 in the case of Defendant B, Defendant E-4/105 in the deceased’s children, and each of the remaining Defendants, the child of the network N, 10/105 in the case of inheritance.

On April 8, 2011, the Defendants completed the registration of ownership transfer according to their respective shares.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers, hereinafter the same shall apply) and the purport of the whole pleading

2. Assertion and determination

A. The Plaintiff et al. (1) purchased the Plaintiff’s assertion 1) and 4 other than the Plaintiff purchased and operate a title trust agreement with M, and accordingly concluded a sales contract under M’s name and completed the registration of ownership transfer in M. The instant real estate is part of the said three parcels of land (land No. 2 in the separate sheet No. 3 through 5 in the same list) and the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

Upon the lapse of the grace period, M acquired full ownership, and this constitutes unjust enrichment in relation to the Plaintiff and four other parties. Since M dies thereafter and completed the registration of ownership transfer regarding the instant real estate according to each of the Defendants, who are their successors or substitute successors, the Defendants are obligated to implement the registration procedure for ownership transfer by return of unjust enrichment regarding one-five equal to the Plaintiff’s share out of the respective shares in the instant real estate. (ii) The Defendants, including the Plaintiff and four other parties, and M, are obligated to perform the registration procedure for ownership transfer by unjust enrichment.

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