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(영문) 수원지방법원 2016.04.29 2014가합3989
부당이득금반환 등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant are natives, and the plaintiff is the defendant.

B. On September 16, 2013, the Defendant concluded a sales contract to purchase the purchase price of KRW 575,00,000,000 (hereinafter “instant apartment”) from C and Young-si District D 508,1502 (hereinafter “instant apartment”). The Defendant agreed to pay the remainder amount of KRW 30,000,000 on the date of the contract and to pay the remainder of KRW 545,00,00 on November 14, 2013.

C. On September 16, 2013, the Plaintiff paid the Defendant 20,000,000 UN around October 2013, and 35,000,000 UN around November 2013 (hereinafter collectively referred to as “the instant money”), and the Defendant used the said money received from the Plaintiff as the purchase fund for the instant apartment.

In addition, on November 14, 2013, the registration of ownership transfer for the apartment of this case was completed on September 16, 2013.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. Judgment as to the plaintiff's primary claim

A. The Plaintiff’s assertion and the Defendant indicated that they would not live together in Korea after the aging, and the Plaintiff paid the instant money to the Defendant, thereby allowing the Defendant to use it as the purchase fund of the instant apartment, and completed the registration of ownership transfer with respect to the instant apartment in the name of the Defendant.

In other words, since the Plaintiff entrusted only the name on the registry to the Defendant to purchase the apartment of this case, the title trust relationship between the Plaintiff and the Defendant was established.

However, the title trust agreement is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”). Therefore, the Defendant, a title trustee, is the title truster, equivalent to the purchase fund of the instant apartment.

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