logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.19 2015가합531209
대여금
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 wife C's wife's wife's husband and wife.

B. On December 7, 1999, the Defendant purchased the number of 40620 square meters for D forest land in Ansan-gu, Ansan-si (hereinafter “instant land”). The Defendant completed the registration of ownership transfer in the name of Defendant, J, K, L, M (each co-owner’s share 1/5) by purchasing D3569 square meters, F 131 square meters for G forest, 2,995 square meters for H forest, 1601 square meters for H forest, and 165 square meters for I forest, respectively).

J and K are female children of the defendant and C, L and M are children of the defendant.

On August 2005, the Defendant requested J and K to implement the procedure for the registration of ownership transfer in the name of J and K of each of the shares in the instant land (hereinafter “instant shares”) in the name of his/her father M.

However, J and K rejected the defendant's request for the implementation of the procedure for ownership transfer registration by asserting each ownership of the land shares in this case.

Accordingly, the defendant filed a lawsuit against J and K on May 28, 2007 against J and K as Seoul Central District Court 2007Kadan185017.

On August 13, 2009, the above court rendered a judgment that the share in the land in this case was based on the title trust, and that J and K are obliged to implement the procedure for ownership transfer registration based on unjust enrichment return to the Defendant, and both the appeal (Seoul Central District Court Decision 2009Na3319) and the appeal (Supreme Court Decision 2010Da52058) against the above judgment were dismissed, and the above judgment became final and conclusive.

around 2010, the defendant completed each procedure for the registration of ownership transfer in the name of the defendant for the share of the land in this case.

C. On July 25, 1993, at the request of the defendant and the mother N (the mother of the defendant), the plaintiff acquired the O, which is faced with business difficulties while the defendant operated.

However, the O's management status has not been normalized and has become more difficult, and the plaintiff's husband and wife are faced with economic difficulties.

arrow