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(영문) 인천지방법원 2017.11.17 2017가합53001
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 18, 1987, the Plaintiff and the Defendant purchased 1382 square meters of D forest land in Ulsan-gun, Ulsan-gun (hereinafter “instant land before the instant partition”). The Plaintiff and the Defendant agreed to make the purchase and registration under the Plaintiff’s sole name.

Pursuant to this Agreement, the Plaintiff purchased the land before the instant subdivision solely on May 19, 1987, and completed the registration of ownership transfer under the Plaintiff’s sole name on the following day.

On July 4, 2013, the Plaintiff donated 982 square meters of D forest land in Ulsan-gun, Ulsan-gun (hereinafter “instant land”) remaining after the part of the land before the instant land was divided, to E, and transferred its ownership to E on the ground of such donation.

B. The Defendant filed a lawsuit against the Plaintiff and E seeking the registration of ownership transfer (Ulsan District Court 2014Da16776) on the ground that the title trust agreement concluded with the Plaintiff on the instant land was terminated, but the court dismissed the Plaintiff’s claim against the Plaintiff on April 24, 2015 on the ground that “the Plaintiff was entrusted by the Defendant with 90/1382 shares out of the instant land, but the Defendant’s right to claim the return of unjust enrichment against the Plaintiff was extinguished due to the lapse of the statute of limitation,” and dismissed the Plaintiff’s claim against the Defendant E on the ground that “the Plaintiff was entrusted with 90/1382 shares out of the instant land

This ruling was finalized on May 15, 2015.

C. On the other hand, on September 18, 2014, the Plaintiff trusted 300 shares of the Defendant among the land before the instant partition to the Plaintiff. (Plaintiffs) donated to E without the Defendant and the Plaintiff in July 2013, and without the name, he/she became aware of it while he/she trying to sell the land, thereby returning the Defendant’s shares, and thus, he/she is recognized as KRW 600 million at the present time and shall be paid to the Defendant by the agreed amount (the agreement on the compensation for damages) by September 18, 2015.

However, even before this, the defendant's share 300 square meters out of the land before this case is divided.

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