(영문) 부산고등법원 2015.03.26 2014나51329

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(영문) 부산고등법원 2015.03.26 2014나51329

부당이득금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the father of the deceased D (hereinafter “the deceased”), and the Defendant is the wife of the deceased.

B. The Plaintiff owned approximately 120 square meters in Seo-gu, Busan, which is adjacent to the real estate listed in attached Table No. 1 (hereinafter “instant land”) as indicated in attached Table No. 1 (hereinafter “instant land”) by the State around 1968.

C. Meanwhile, on October 31, 1973, as to the instant land owned by C, the registration of ownership transfer was made under the name of the Deceased on October 29, 1973, and thereafter, the real estate listed in the attached Table No. 2 (hereinafter “instant building”) was newly constructed over the instant land and the instant land, and the registration of ownership preservation was completed in the name of the Deceased on July 14, 2003.

The Deceased died on August 13, 2013, and on November 20, 2013, on the instant land and building, the ownership transfer registration was completed on August 13, 2013 under the name of the Defendant on the grounds of inheritance by agreement division.

[Ground of recognition] Facts without dispute, Gap's 1 to 5, 17 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The instant land was purchased from C and decided to title trust to the deceased who is a seller, and the seller requested C to promptly register the ownership transfer in the name of the deceased and completed the registration of ownership transfer in the name of the deceased. However, since the registration of ownership transfer in the name of the deceased was completed through a three-party title trust, and is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, C has the right to seek implementation of the procedure for the registration of ownership transfer in the name of the deceased, the heir of the deceased, and the Plaintiff still has the right to claim for the transfer of ownership in accordance with the sales contract against C. Thus, the Plaintiff sought implementation of the procedure for the registration of ownership transfer in the name of C by subrogation of C for the

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