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(영문) 울산지방법원 2016.12.08 2015가합22522
부당이득반환청구
Text

1. The Defendant’s KRW 94,576,078 as well as the Plaintiff’s annual rate from September 29, 2016 to December 8, 2016, and the following.

Reasons

1. Basic facts

A. On December 22, 2006, the Defendant registered the title of the Plaintiff in the name of the Plaintiff purchased to C D 223.2 square meters in Ulsan-gun, Ulsan-gun, a reinforced concrete building on the said land (hereinafter “each of the instant real estate”) in the purchase price of KRW 530,00,00,000. However, a title trust agreement was concluded between the Plaintiff and the Plaintiff to complete the registration of the ownership transfer, and completed the registration of the ownership transfer in the name of the Plaintiff on December 22, 2006.

B. A civil judgment against the Plaintiff et al. filed a lawsuit against the Plaintiff and C on November 5, 2012 (Ulsan District Court 2012Gahap8501). On December 19, 2013, the Ulsan District Court rendered a judgment that “The procedures for cancellation of ownership transfer registration completed on December 22, 2006 by the receipt of No. 13470 on December 10, 2006, and C” to the Defendant that “The Plaintiff appealed on January 13, 2015, but the Busan High Court dismissed the appeal (Seoul High Court 2014Na1454), and the appeal was dismissed on May 28, 2015.

(Supreme Court Decision 2015Da9493). C.

On August 20, 2015, the Defendant changing the ownership of each of the instant real estate shall cancel the registration of ownership transfer under the Plaintiff’s name on August 20, 2015, and the Defendant shall complete the registration of ownership transfer made on December 10, 2006.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (if there are virtual numbers, including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. In Busan High Court case 2014Na1454, the Defendant filed a claim for the contract deposit with Plaintiff 1: (a) not only succeeds to the loan and interest payment that was received under the name of the Plaintiff while entering into a title trust in the name of the Plaintiff in the name of the Defendant, but also the tenant’s deposit.

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