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(영문) 창원지방법원진주지원 2017.10.20 2016가단36733
부당이득금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is the plaintiff's female and C's male and female.

B. On September 19, 198, the Plaintiff completed the registration of ownership transfer with respect to E Apartment No. 101, Dong 102 (hereinafter “instant apartment”). On February 3, 1998, the Plaintiff completed the registration of ownership transfer with respect to the said apartment on the grounds of sale on December 28, 1997.

C. C on February 17, 2005, completed the registration of ownership transfer for the apartment of this case to the Defendant on the grounds of sale on the same date. D.

On October 6, 2010, the Defendant completed the registration of ownership transfer with respect to the instant apartment on the F, and thereafter G completed the registration of ownership transfer with respect to the said apartment on December 17, 2014.

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

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Plaintiff resided in the instant apartment with her mother and her mother in around 197, and the Plaintiff and her mother resided in the said apartment, and only her mother resided in the said apartment. On December 28, 1997, the said apartment was title trusted to C in order to more effectively preserve the said apartment separately from her other property.

After that, C’s creditors tried to enforce compulsory execution against the apartment of this case, and the Plaintiff agreed with C and the Defendant to change the above apartment in the name of the Defendant, because it is likely that other creditors of C are more likely to exist, and the obligation of C equivalent to KRW 20,000,000 has been leased the above apartment, and the Plaintiff, who was the Plaintiff, made the lease of the above apartment, made the repayment with the deposit, and made the attachment, provisional attachment, auction registration, etc. of the above apartment.

C transferred the name of the apartment of this case to the defendant on February 17, 2005, and the defendant leased the above apartment on behalf of the plaintiff and repaid C's debt with the deposit.

Therefore, the defendant has taken over the status of the title truster C.

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