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(영문) 의정부지방법원 2015.01.14 2013가합9311
부당이득금반환
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were living together in around 2000 and entered into an internal relationship, and the relationship was terminated in around 2011.

B. On September 5, 2001, with respect to the land size of 1296 square meters in Namyang-si, Namyang-si, the registration of ownership transfer was made under the name of the Defendant on April 6, 2002 with respect to the land ownership transfer on September 5, 2001; the registration of ownership transfer was made under the name of the Defendant on March 25, 2003; the registration of ownership transfer was made under the name of the Defendant on March 25, 2003 with respect to the second-class neighborhood living facilities, the second-class neighborhood living facilities, the second-class neighborhood living facilities, the second-class neighborhood living facilities on the above ground reinforced concrete structure; the ownership transfer made under the name of the Defendant on February 5, 2008 with respect to the shares of 4036/5436 square meters in Nam-si, Namyang-si; and the registration of ownership transfer was made under the name of each of the Defendant on February 5, 2008.

(hereinafter referred to as “instant real estate” in total, where the registration of ownership transfer has been completed in the name of the Defendant.

Since then, among the instant real estate, the registration of the establishment of a neighboring building with the maximum debt amount of KRW 648 million on November 25, 2010, the registration of the establishment of a mortgage with the debtor, the defendant, and the Han Bank Co., Ltd. (hereinafter “the instant apartment”) with respect to the registration of the establishment of a neighboring apartment No. 701, 504, 701 (hereinafter “the instant apartment”), which was completed on June 1, 201, with respect to the building with the area of KRW 1296,00,000,000,000,000,0000 won for the second class neighborhood living facilities, the second class neighborhood living facilities, the second class neighborhood group, and the second class neighborhood living facilities of the above ground reinforced concrete building,

[Reasons for Recognition] Unsatisfy, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s primary claim No. 1) The Plaintiff purchased the instant real estate and held the title trust with the Defendant for convenience. Since the Defendant agreed on April 17, 2008 to return the ownership of the instant real estate to the Plaintiff, the Defendant already sold the instant real estate to F among the instant real estate.

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