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(영문) 인천지방법원부천지원 2016.07.20 2016가단102421
소유권이전등기
Text

1. The defendant has caused the plaintiff to return unjust enrichment with respect to the land listed in the attached list.

Reasons

1. Facts of recognition;

A. On September 1983, the Plaintiff purchased each land listed in the separate sheet (hereinafter “each land of this case”) jointly with the Defendant, and agreed to enter into a sales contract with respect to the shares of 1/2, which are the Plaintiff’s shares, under the name of the Defendant and complete the registration of ownership transfer in the name of the Defendant.

(This agreement is called the "instant title trust agreement"). (b)

After the Defendant entered into a contract to purchase each of the instant land under the name of the Defendant in accordance with the instant title trust agreement, the Defendant completed the registration of ownership transfer under the name of the Defendant with respect to the land No. 1 listed in the attached Table No. 1 (hereinafter referred to as “land No. 1”) on September 6, 1983, and completed the registration of ownership transfer with respect to land No. 2 and 3 listed in the attached Table No. 14, Oct. 14, 1983 (hereinafter referred to

C. On May 8, 2015, the Defendant transferred the registration of ownership transfer to ASEAN on the part of 715/1815 shares out of land No. 1, due to a donation made on May 8, 2015, and transferred the registration of ownership transfer on the part of 1/2 shares among land No. 2 and 3 on May 19, 2015 due to a donation made on May 7, 2015.

Accordingly, the defendant holds 1/2 shares or more of each land of this case in his/her name.

[Ground of recognition] Facts without dispute, Gap 1-5 evidence (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 4944, Mar. 30, 1995; hereinafter “Real Estate Real Name Act”), where the title truster and the title trustee entered into a title trust agreement with the owner who was not aware of the fact that the title trustee was a party to the agreement and completed the registration of ownership transfer of the pertinent real estate in accordance with the said sales agreement, the title truster and the title trustee are required to enter into the title trust agreement and completed the registration of ownership transfer in the name

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