(영문) 서울동부지방법원 2013.11.22 2013가합3314

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(영문) 서울동부지방법원 2013.11.22 2013가합3314

부당이득반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From around March 1997, the Plaintiff and the Defendant agreed to jointly purchase each real estate listed in the separate sheet and C around March 2003 (hereinafter “each of the instant real estate”). A half of the purchase price was agreed by the Plaintiff and the Defendant to bear the remainder.

B. Accordingly, on March 12, 2003, the Defendant and C entered into a sales contract with D on behalf of the seller and each of the instant real estate amounting to KRW 347,000,000 (hereinafter “instant sales contract”). By March 28, 2003, the Plaintiff and the Defendant paid 173,500,000 (Calculation: Total purchase price 347,000,000,000 ± 2) out of the purchase price.

C. Thereafter, on April 3, 2003, the Defendant and C respectively completed the registration of ownership transfer in their own name with respect to each real estate listed in the separate sheet Nos. 1 through 5, and with respect to each real estate listed in the separate sheet Nos. 6 and 7.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 11, 13, 14, 16, 17, Eul evidence No. 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff jointly purchased shares of 1/2 of each real estate of this case, and the defendant completed the registration of ownership transfer under his own name. This argues that the plaintiff and the defendant shared shares of 1/2 of each real estate of this case according to the share of purchase price, but that the plaintiff and the defendant agreed to own shares of 1/2 of each real estate of this case externally.

B. Since the person registered as the owner of the judgment real estate is presumed to have acquired ownership through due process and cause, the fact that the registration was based on the title trust has the burden of proving that the claimant has the burden of proof.

Supreme Court Decision 2007Da9083 Decided April 24, 2008

유사 판례

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