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(영문) 인천지방법원부천지원 2014.09.03 2013가합9290
부당이득금반환
Text

1. The Defendant: 112,910,616 won to the Appointor C; 75,273,744 won to the Plaintiff (Appointed Party) and the Appointor D, E, and F, respectively.

Reasons

1. Basic facts

A. On February 23, 2011, G entered into a sales contract with the owner J as KRW 151,501,300 according to the broker I of the real estate broker I to purchase H building 201 (hereinafter “instant 201”), and completed the registration of ownership transfer on the ground of the said sales contract on February 7, 2012.

B. On February 23, 2011, the Defendant concluded a sales contract with J as to the above H building 202 and 203 (hereinafter “instant commercial building”) for a long-term friendship of G, and completed the registration of ownership transfer under the name of the Defendant on February 7, 2012.

C. G died on March 2012. G around March 2012, and G’s heir is the wife C, the Plaintiff and the selectee D, E, and F.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 10 evidence, Eul evidence 2 and 3 (including branch numbers, hereinafter the same), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion G decided to trust the registration name of the instant commercial building to the Defendant, concluded a sales contract under the name of the Defendant who is the title trustee while purchasing the instant commercial building from J, and completed the registration of ownership transfer under the name of the Defendant.

However, since the title trust agreement on real estate becomes null and void, the ownership of the commercial building in this case belongs to the defendant, who is the title holder of the registration, but the defendant shall return the purchase price and management expenses, etc. of the commercial building in unjust enrichment to the plaintiff and the selected person,

나. 피고의 주장 피고는 G와 오랜 기간 금전 거래를 한 친구 사이로, 2007. 9.경 G의 제안으로 G와 함께 부천시에서 식당을 운영하다가 식당 부지가 수용됨에 따라 장소를 �겨 계속 식당을 운영하기 위하여 그 영업보상비 등으로 이 사건 상가를 매수하였다.

Therefore, the defendant is the true owner who purchased the commercial building of this case at his own expense and G.

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