(영문) 서울중앙지방법원 2019.01.17 2018가합510326

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(영문) 서울중앙지방법원 2019.01.17 2018가합510326

보관금반환 청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on March 20, 1997 with respect to Gangnam-gu Seoul apartment C apartment (hereinafter “instant real estate”) and the registration of ownership transfer was completed on August 22, 2005 on June 30, 2005.

B. On March 23, 2017, the Defendant: (a) sold the instant real estate at KRW 2.7 billion to F; (b) sold the instant real estate at KRW 2.7 billion (hereinafter “instant sale”); and (c) completed the registration of ownership transfer based on the instant sale on March 24, 2017 to F.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, and Eul No. 4, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the plaintiff's assertion 1) as the actual owner of the real estate of this case, the plaintiff trusted the name of the above real estate owned by the plaintiff to the defendant. The defendant, at the time of the sale of this case, agreed to deduct the deposit of KRW 1.3 billion to be returned to the lessee of the real estate of this case from the purchase price of KRW 2.7 billion and KRW 850 million, which is to be returned to the lessee of the real estate of this case, and the remainder of KRW 295 million, which is the real owner of the real estate of this case, after deducting the expenses such as transfer income tax, brokerage fee, etc. paid by the defendant from the buyer, to return to the plaintiff who is the actual owner of the real estate of this case, but the defendant is not obligated to pay to the plaintiff the above contract amount of KRW 295 million and delay damages.2) The defendant did not have concluded a title trust agreement on the real estate of this case between the plaintiff and the plaintiff,

The defendant, a partner of the plaintiff, entered into a title trust agreement with G, which is the defendant's birth and the plaintiff's husband, acquired full ownership by purchasing the real estate of this case from E who is aware of such fact (a bona fide title trust of the seller), and G purchased funds to the defendant.

유사 판례

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